Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Balzer v KARYAKIN, 2024 ONLTB 92675
File Number: LTB-L-045698-24
Application Date
Jun 2024
Hearing Date
Aug 2024
Order Date
Dec 10, 2024
The Landlord's application is dismissed. The Landlord failed to provide the Tenant with one month's rent compensation as required under the Residential Tenancies Act, 2006 when serving the N12 notice. Additionally, the N12 notice served by the Landlord was confusing as it indicated both the Landlord and a purchaser require the rental unit, which did not allow the Tenant to understand the case against them.
Landlord failed to provide required compensation and N12 notice was confusing
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
Landlord testified that he did not personally pay the Tenant one month's rent as compensation for the N12 notice, and that the agreement with the former Landlord Woodford was for Woodford to handle all transactions with the Tenant.
Landlord failed to provide required compensation and served a confusing N12 notice
Tenant's legal representative argued that the N12 notice served by the current Landlord was confusing and did not allow the Tenant to understand the case against them.
Tenant and spouse Irina Karyakin advised former Landlord Woodford that they intended to challenge the previous N12 notices and that Woodford could not hold their rent cheques.
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