Kang v Johnston

Landlord wins · Toronto · 2025-10-10

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent, Tenant Rights

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

S.K.K.

Tenant

M.A.J., K.C.C.

Landlord rep

Myoung Suk Lee

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for significant rent arrears exceeding $57,000. Tenant 2 argued that Tenant 1 should be removed from the application as he had vacated previously, but the LTB denied this, maintaining joint and several liability. Tenant 2 also raised Section 82 issues, claiming the Landlord harassed her and trespassed during a confrontation on September 10, 2025, which involved the police. The Landlord countered that the visit was for a valid safety inspection regarding a removed fire alarm and a propane tank, and that they only stayed until police arrived per dispatcher instructions.

The ruling

The tenancy is terminated unless the Tenants pay the full arrears of $57,786.00 by October 14, 2025 (or $61,286.00 by October 21). If the Tenants do not void the order, they are ordered to move out by October 21, 2025, and pay the Landlord $50,186.00, which is the maximum amount within the LTB's monetary jurisdiction after applying the rent deposit and interest.