Calm Real Estate Inc. v Rosenberg

Split/Other wins · York · 2025-09-22

Adjudicator

Fabio Quattrociocchi

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Calm Real Estate Inc.

Tenant

E.R., A.G.

Landlord rep

Alex Diamond, Mohammed Jacquesson

What happened

The Landlord applied for eviction due to non-payment of rent. At the hearing, the Tenant argued the N4 notice was defective because it claimed an incorrect amount of arrears by failing to account for a $91.07 credit. The Board found the N4 defective and proceeded with the application for arrears only under Section 87. The Tenants raised a maintenance counter-claim regarding a non-functioning washer and dryer that the Landlord failed to replace for over a year.

The ruling

The application for eviction was dismissed because the N4 notice was defective. The Landlord is ordered to collect rent arrears only. The total amount owed by the Tenants to the Landlord is $16,519.69, which accounts for $20,308.93 in arrears and the filing fee, minus a $3,975.24 abatement for the Landlord's failure to provide a working washer and dryer.