Landlord Loses Eviction Case: Neykov v Mcleod 2022
Landlord's N12 notice found defective, application to evict tenant for personal use dismissed by LTB
Summarized by RentZenLast updated: July 26, 2024
Case Summary
3356 Lake Shore Boulevard W, Etobicoke, ON M8W1M9
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Jan 19, 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served an N12 notice with a termination date of September 15, 2021
- Rental period runs from the 15th day of each month to the 14th day the following month
- N12 notice does not comply with s.48(2) of the Act as the termination date does not coincide with the last day of a rental period
- Landlord's application must be dismissed due to the defective N12 notice
Case Study
The N12 notice does not comply with s.48(2) of the Residential Tenancies Act, 2006 as the termination date of September 15, 2021 does not coincide with the last day of a rental period. The termination date must be the last day of the rental period, which is the 14th day of the month. Therefore, the N12 notice is defective and the Landlord's application must be dismissed.
Arguments and Actions
Landlord
Procedural Errors
The N12 notice does not comply with s.48(2) of the Residential Tenancies Act, 2006 as the termination date does not coincide with the last day of a rental period.
Decision Summary
The Landlords' application is dismissed.
Adjudicator Details
LTB Member
Total Orders
120
Landlord Favorable
90.0%
Tenant Favorable
7.5%
Mutual Agreement
2.5%
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