NJS Foremost Y&E Limited Partnership v Mahama

Tenant wins · Toronto · 2025-10-23

Adjudicator

Peter Nicholson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

NJS Foremost Y&E Limited Partnership

Tenant

G.M.

Landlord rep

S. Ginman

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant raised a preliminary issue arguing she had vacated the unit before the application was filed. The Adjudicator found that while the Tenant was still in possession on the filing date, she vacated shortly after on July 31, 2025. The core dispute involved a payment made in April 2025, which the Landlord claimed was for old arrears and the Tenant claimed was for May rent. The Adjudicator accepted the Tenant's evidence and, after applying the rent deposit and interest, found no rent was owing.

The ruling

The Landlord's application for eviction and rent arrears is dismissed. The Adjudicator found that the Tenant had paid rent for May 2025 and that the remaining arrears claimed by the Landlord were covered by the Tenant's last month's rent deposit and accumulated interest. No balance is owed to the Landlord.