Csernyu v Lafontaine: Invalid Eviction Notice, LaSalle, ON N9J2B6
Landlord's eviction application dismissed due to invalid notice, failed to inform tenant of 7-day correction period
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1620 Front Road, LaSalle, ON N9J2B6
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Feb 2022
Order Date
Feb 24, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Notice did not comply with Act's mandatory requirements
- Notice failed to inform Tenant of 7-day correction period
- Notice of termination invalid
Case Study
The Landlord's application was dismissed because the notice of termination failed to comply with the mandatory requirements of the Residential Tenancies Act, 2006. Specifically, the notice did not inform the Tenant of their right to correct their behavior within 7 days to void the notice, as required by subsection 64(2)(c) of the Act.
Arguments and Actions
Landlord
Arguments
Landlord argued for termination of tenancy and eviction based on substantial interference.
Actions
Landlord served an invalid notice of termination that did not comply with the Act's requirements.
Procedural Errors
Landlord failed to provide a valid notice of termination that complied with the Act's requirements.
Tenant
Actions
Tenant allegedly substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Decision Summary
The Landlord's application is dismissed due to an invalid notice of termination. The notice failed to inform the Tenant of their right to correct their behavior within 7 days to void the notice, as required by the Residential Tenancies Act, 2006.
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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