MUHMMAD v KHAN

Tenant wins · Mississauga · 2025-08-15

Adjudicator

Mayra Sawicki

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

A.M.

Tenant

R.A., A.K.

Tenant rep

M. Sturino

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. By the time of the hearing, the Tenants had already vacated the unit on August 9, 2025. The Landlord sought an arrears-only order, claiming $14,131.00 for a 20-month period. However, the Landlord's calculations were found to be inconsistent, involving only 19 months of charges and uncertainty regarding the application of a last month's rent deposit and an N12 compensation credit. The Tenant argued that the Landlord improperly applied rent payments toward utilities and that the N4 notice was invalid due to signature issues and incorrect amounts.

The ruling

The Landlord's application for rent arrears is dismissed because the accounting provided was confusing and inconsistent, preventing the Tenants from mounting a proper defense. The Landlord is at liberty to file a new L10 application for rent and utilities, provided they provide clear and accurate calculations.