Nie v Cohen
Landlord wins · Thornhill · 2025-11-05
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- J.N.
- Tenant
- N.R.C., M.S.
- Landlord rep
- J. Zhu
- Tenant rep
- Gila Yefet
What happened
The Landlord applied to terminate the tenancy and evict the Tenants due to significant rent arrears. The Tenants requested an adjournment because the hearing date coincided with a religious holiday, but this was denied as they had not filed a formal request and the prejudice to the Landlord outweighed the convenience to the Tenants. The Tenants also attempted to raise section 82 issues (maintenance or other tenant rights) without providing the required 7-day advance notice or disclosure, which was also denied. A central dispute involved whether a $5,500 payment in May 2025 was for rent or a new last month's rent deposit for a renewed fixed-term lease.
The ruling
The tenancy is terminated effective November 17, 2025, unless the Tenants pay $27,686.00 to void the eviction. If the Tenants do not void the order, they must vacate by November 17, 2025, and are ordered to pay the Landlord $12,211.02, which accounts for arrears up to the hearing date and the filing fee, minus the security deposit and accrued interest. Daily compensation of $180.82 applies starting October 7, 2025.