Fullerton v Younus

Last updated: January 12, 2025

Order

Ordered by Panagiotis Peter Roupas,Tribunals Ontario  under Section 69, Residential Tenancies Act, 2006

Order Date: October 30, 2024
Unit ***, 173 Eighth St, Collingwood, ON L9Y2C9
Uncontested Dispute

Decision in favor of

Tenant

Ordered Amount

$1,194

to Landlord

Dispute Categories

Notices Sent

Personal use (N12)

Subsections of RTA Quoted

48(1)48(2)73.1
ContentionLow

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Citation: Fullerton v Younus, 2024 ONLTB 80715

File Number: LTB-L-026716-24

Timeline

Application Date

Jan 2024

9 months

Hearing Date

Oct 2024

20 days

Order Date

Oct 30, 2024

Decision

The Landlords' application is dismissed as the N12 notice is invalid. The Tenant shall pay the one month's rent compensation of $1,194.13 back to the Landlords by November 30, 2024. If the Tenant does not pay, they will owe interest at 6% annually on the outstanding balance.

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Dispute

The Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year due to the Landlords' marriage breakdown.

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Determinations

  • Landlords have not proven grounds for termination
  • N12 notice is invalid
  • Tenant was in possession on application date
  • Rent due on 1st of month, not 10th
  • Landlord compensated Tenant one month's rent
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Landlord's Arguments

Tenant's Arguments

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Financial Details

Lawful Rent

$1,194

Other Amount

$1,194

One month's rent compensation

Ordered Amount

$1,194 (to Landlord)

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