Cho v Sahebfosooli
Last updated: August 9, 2026
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Citation: Cho v Sahebfosooli, LTB-L-010692-26
File Number: LTB-L-010692-26
Timeline
Hearing Date
May 2026
Order Date
May 22, 2026
Tenancy End Date
Aug 2026
Decision
Landlord's application dismissed regarding non-payment and interference. Tenancy terminated for persistent late payment effective August 17, 2026, based on Tenant's request.
Reason for Eviction Relief
Tenant requested termination due to personal circumstances and medical issues; relief granted via conditional order to minimize prejudice.
Dispute
Landlord filed for non-payment, substantial interference, and persistent late payment. L1 dismissed as rent paid before filing. L2 (interference) dismissed due to procedural error. N8 (late payment) proven; tenancy terminated on Tenant's requested date with conditions.
Determinations
- L1 application dismissed: Tenant voided N4 notice by paying arrears before application filing.
- L2 application (interference) dismissed: Landlord failed to provide copy of first N5 notice as required by regulation.
- L2 application (persistent late payment) proven; tenancy to terminate on August 17, 2026.
Landlord's Arguments
Actions and Evidence
Landlord failed to provide first N5 notice during filing. Landlord confirmed arrears were paid before application.
Procedural Errors
Failed to provide copy of first N5 notice with application for substantial interference.
Considerations
Tenant's Arguments
Actions and Evidence
Tenant admitted to persistent late rent payment since April 2023. Tenant requested move-out date of August 17, 2026, due to medical and personal issues.
Considerations
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