KAMALASANAN v KOVACS

Landlord wins · TORONTO · 2025-04-24

Adjudicator

Julie Broderick

Dispute

Damage to Property, Non-payment of Rent, Tenant-initiated Termination

Notice

Tenant's Notice to End the Tenancy (N9), Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.K., K.N.

Tenant

L.K., S.D.K.

What happened

Landlords filed three applications: L3 based on an N9 notice given by the Tenants, L1 for non-payment of rent, and L2 for unpaid utilities. The L3 application was dismissed because the adjudicator determined one of the Tenants did not understand the N9 form she was signing due to a language barrier, meaning there was no 'meeting of the minds'. The applications for rent arrears and unpaid utilities were successful. The Board denied the Tenant's request for relief from eviction, finding the tenancy was not financially viable.

The ruling

The Landlord's L3 application is dismissed. The tenancy will be terminated on May 12, 2025, unless the Tenant voids the order by paying $11,820.76 by April 30, 2025, or $14,720.76 by May 12, 2025. If the tenancy is terminated, the Tenant is ordered to pay the Landlord $7,609.74 for rent arrears (net of deposit), $509.13 for unpaid utilities, and daily compensation for each day of occupation after the hearing.