Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Brudny v Moon, 2023 ONLTB 46842
File Number: LTB-L-026773-22
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Jul 25, 2023
The Landlord's application is dismissed as the first N5 Notice of Termination is found to be invalid and confusing, failing to provide sufficient details to the Tenants about the specific allegations being made. The Landlord cannot rely on a second N5 notice to correct the shortfall in the first notice.
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Landlord submitted that the notice is clear and that at least one of the dates on the notice can be justified and therefore the application should proceed. The Landlord also asserts that they have the evidence to support their allegations.
Tenants argued that the first N5 Notice is confusing and too onerous for them to understand what is necessary in order to void the notice and therefore the notice should be considered defective.
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