Landlord Loses Personal Use Case: Ben-Margi v Yi 2024
Landlord's personal use eviction application dismissed by LTB due to failure to disclose prior N12 notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1 Emerald Lane, Thornhill, ON L4J8N2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Oct 2023
Hearing Date
Jun 2024
Order Date
Aug 30, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenants raised a preliminary issue regarding the declaration contained within the Schedule B of the application that declared that the Landlord had not served any prior N12 notices of termination.
Determinations
- Tenants were served with a Second N12 Notice with a termination date of December 31, 2023
- Tenants were previously served with a First N12 Notice with a termination date of August 31, 2023
- Landlord did not disclose the First N12 Notice in the L2 Application
- Landlord's failure to disclose the First N12 Notice is a clerical error by a former representative
- Tenants were aware of the First N12 Notice and included it in their disclosure
Arguments and Actions
Landlord
Procedural Errors
Landlord's former legal representative failed to disclose the First N12 Notice in the L2 Application
Decision Summary
The application is dismissed because the Landlord failed to disclose the First N12 Notice served on the Tenants, as required by subsection 71.1(3) of the Residential Tenancies Act, 2006. The Board shall refuse to accept the application for filing if the landlord has not complied with subsection 71.1(3).
Adjudicator Details
LTB Member
Total Orders
13
Landlord Favorable
53.9%
Tenant Favorable
30.8%
Mutual Agreement
15.4%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.