Zhang v Noori

Tenant wins · Mississauga · 2025-10-01

Adjudicator

Rachel Gibbons

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

W.Z.

Tenant

A.N., N.N.

Landlord rep

Rong Wei Yu

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. The primary issue was whether the Tenants were still in possession of the rental unit when the application was filed on July 5, 2025. The Tenants claimed they vacated on June 25, 2025, due to unresolved maintenance issues (mold) and left the keys with a neighbor because the Landlord was overseas. The Landlord's representative argued the Tenants moved out on July 6, 2025, but provided no direct testimony.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants for non-payment of rent is dismissed. The Adjudicator found that the Landlord failed to provide sufficient evidence that the Tenants were still in possession of the unit when the application was filed, accepting the Tenant's testimony that they had vacated earlier due to mold issues and an amicable agreement to leave.