Landlord's Eviction Application Dismissed Due to Improper Notice - Clements v Latinwo
Landlord's eviction application dismissed due to improper termination notice
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 5 Graystone Gardens, Toronto, ON M8Z3C2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2021
Hearing Date
Dec 2021
Order Date
Dec 30, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The application was filed after serving a Notice to End Tenancy Early for Non-payment of Rent (N4 Notice) to the Tenant.
Determinations
- Landlord's application will be dismissed
- N4 notice did not identify the rental unit as the basement
- Notices of termination must meet the requirements of the Act
Case Study
The N4 notice served to the Tenant did not identify the rental unit as the basement unit, which is a requirement under the Residential Tenancies Act. Therefore, the Notice of Termination is invalid, and the Landlord's application must be dismissed.
Arguments and Actions
Landlord
Procedural Errors
The N4 notice served to the Tenant did not identify the rental unit as the basement unit, which is a requirement under the Residential Tenancies Act.
Decision Summary
The Landlord's application is dismissed because the N4 notice served to the Tenant did not identify the rental unit as the basement unit, which is a requirement under the Residential Tenancies Act.
Adjudicator Details
LTB Member
Total Orders
120
Landlord Favorable
90.0%
Tenant Favorable
7.5%
Mutual Agreement
2.5%
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