Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Barmi v Bruce, 2024 ONLTB 8257
File Number: LTB-L-028682-23
Hearing Date
Jan 2024
Order Date
Feb 5, 2024
The Landlord's application is dismissed because the N12 Notice of Termination does not comply with the requirements of the Residential Tenancies Act, 2006. The termination date was before the end of the fixed 2-year lease term.
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Landlord's Legal Representative referred to text messages between the Landlord and the Tenant where the Landlord refers to the contract being for only one year.
Landlord testified that the lease was for a period of 1 year and that if she liked the Tenant and agreed he was a good Tenant then she would agree to 'increase' the lease agreement for another year. Landlord also claimed that she told the Agent to draft the lease agreement for one year and one year.
Tenant's Legal Representative submitted that the termination date of May 31, 2023 is before the end of the fixed term of the lease agreement, making the N12 Notice defective.
Tenant testified that he met with Landlord and her husband prior to signing lease and they verbally agreed to a 2-year lease. Tenant also testified that he only had 5-10 minutes to review the lease before signing it.
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