HERSZ PROPERTIES LIMITED v ABDI

Split/Other wins · Toronto · 2025-09-19

Adjudicator

Kimberly Parish

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Hersz Properties Limited

Tenant

H.A., F.Y.

Landlord rep

Sean Beard

Tenant rep

Vinoth Kumar

What happened

The Tenants requested a review of an eviction order, claiming they missed the original hearing because their 9-year-old autistic child might have intercepted the mail. They also argued that the lawful rent amount was incorrect because it included parking fees. The Landlord maintained that the parking fees were part of the rent and that proper service of notices occurred via Canada Post.

The ruling

The LTB granted the review and cancelled the previous order. A new order was issued terminating the tenancy effective November 15, 2025, unless the Tenants void the order by paying $2,580.16 by September 30, 2025, or increased amounts by later dates (up to $6,815.34 by November 15). The Landlord consented to this payment schedule. If the Tenants do not pay, they must vacate by November 15, 2025.