Ponrajah v Wang

Tenant wins · North York · 2025-10-22

Adjudicator

Candace Aboussafy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

R.A.P.

Tenant

J.W., W.H.

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. The Tenants moved out on August 22, 2025, after being served with an N4 notice. The Landlord argued that because the Tenants vacated before the end of their lease term without separate notice, they should be liable for rent until the end of the term under Section 88 of the Act. The Board rejected this, ruling that the Landlord's N4 notice was an invitation to terminate, which the Tenants accepted by moving out. Consequently, liability for rent ended on the move-out date. As the Landlord held a $5,000.00 deposit, which exceeded the arrears and application fee, the Landlord was ordered to refund the balance to the Tenants.

The ruling

The tenancy is terminated effective August 22, 2025. Because the Tenants' rent deposit and accrued interest ($5,093.15) exceeded the rent arrears and filing fee ($2,686.00), the Landlord is ordered to pay the Tenants the difference of $2,407.15 by November 2, 2025.