Bains v Moise

Tenant wins · Etobicoke · 2025-04-08

Adjudicator

Nersi Makki

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

B.B.

Tenant

M.M., S.M.A.S.M.

Landlord rep

Bryan Rubin

What happened

The Landlord applied to evict the Tenants for substantial interference related to disputes over a shared mailbox and for unpaid utilities. The Tenants were absent from the hearing. The application was dismissed because the Member found that the Tenants were likely not properly served with the termination notice due to known issues with the shared mailbox. Additionally, the Landlord's claim for unpaid utilities was dismissed for lack of credible evidence.

The ruling

The Landlord's application for tenancy termination and collection of unpaid utilities is dismissed. The eviction was dismissed on the grounds of improper service, as the Member concluded the Tenants likely never received the termination notice due to issues with a shared mailbox. The claim for $1,774.21 in utilities was dismissed due to a complete lack of credible evidence.