Kim v Fedchenko

Landlord wins · Etobicoke · 2025-07-11

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

K.Y.K.

Tenant

M.F.

Landlord rep

Helen Kim, Madeleine Yi

What happened

The Landlord initially applied for an order to terminate the tenancy and evict the Tenant due to rent arrears. During the hearing, it was discovered that the N4 notice was invalid because it included non-rent charges (NSF fees) and contained clerical errors regarding the rental period. Consequently, the Landlord requested to convert the application from an L1 (eviction and arrears) to an L9 (arrears only).

The ruling

The application for eviction was denied due to an invalid N4 notice. However, the Landlord was successful in obtaining an order for rent arrears. The Tenant is ordered to pay $10,756.00 to the Landlord by July 23, 2025, covering arrears, NSF fees, and the filing cost. If payment is not made by the deadline, interest will accrue at 4.00% annually.