Shah v Brovchenko

Tenant wins · North York · 2025-06-27

Adjudicator

Joshua Labbe

Dispute

Non-payment of Rent

Notice

Notice of termination for interference (N5)

Landlord

V.S.

Tenant

K.B.

What happened

The Landlord applied for an order requiring the Tenant to pay rent arrears for December 2024 and January 2025. The Tenant argued that they had vacated the rental unit on December 30, 2024, in response to an N5 notice served by the Landlord. The Landlord failed to respond to the Tenant's inquiries regarding where to return the keys, leading the Tenant to mail them. The Landlord claimed he did not respond to avoid giving 'legal advice'.

The ruling

The Landlord's application for rent arrears is dismissed. The Board determined that the Tenant moved out on December 30, 2024, following an N5 notice, effectively terminating the tenancy on that date. As the Landlord held a rent deposit covering the final month of December, there were no arrears owing at the time the application was filed.