Shen v Mangiaforte
Split/Other wins · Mississauga · 2025-07-17
- Adjudicator
- Dale Whitmore
- Dispute
- Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4), Substantial interference (N5)
- Amount
- $10-20K
- Landlord
- D.S., Y.W.
- Tenant
- J.M., N.M.
- Landlord rep
- Christopher Williams
What happened
The Landlords applied to terminate the tenancy based on non-payment of rent and substantial interference. The Landlords alleged that the Tenants owed significant rent arrears and had engaged in abusive behavior, including threats and pushing. The Tenants argued that they withheld rent because the Landlords put the property up for sale, leading them to believe they needed to save money for moving costs. The Board found the N5 notice for substantial interference invalid due to a lack of specifics. While the rent arrears were confirmed, the Board granted relief from eviction conditional upon a strict payment plan, noting that the Tenants had been paying current rent since an interim order was issued.
The ruling
The application for termination based on substantial interference is dismissed due to an invalid N5 notice. The Tenants are ordered to pay total arrears of $15,514.05. Eviction is stayed provided the Tenants pay $2,000.00 every two months starting September 30, 2025, in addition to full monthly rent starting August 2025. Failure to meet any payment allows the Landlord to apply for an ex parte eviction order.