Levina v Sehmbi
Landlord wins · Kingston · 2025-11-17
- Adjudicator
- Rema El-Tawil
- Dispute
- Non-payment of Rent
- Notice
- Agreement to End the Tenancy (N11)
- Amount
- >$20K
- Landlord
- T.L.
- Tenant
- R.S., N.S., R.V., C.G., N.S.
- Landlord rep
- C. Rawn, Sergei Kosolov
- Tenant rep
- K. Teel
What happened
The Landlord applied for rent arrears after the Tenants, who were students at Queen's University, unilaterally vacated the rental unit before the end of their 12-month fixed-term lease. The Tenants claimed they believed the lease was only for 8 months and alleged they signed an N11 agreement under duress. The Board found the lease was for 12 months and that the Tenants failed to prove duress, while the Landlord successfully mitigated losses by attempting to re-rent the unit.
The ruling
The Tenants are ordered to pay the Landlord $20,923.66, covering rent arrears and compensation for the remainder of the fixed-term lease until the unit was re-rented, plus the application fee, minus the rent deposit and interest. The Board rejected the Tenants' arguments of a shorter lease term and duress.