Fullerton v Younus
Last updated: January 12, 2025
Order
Ordered by Panagiotis Peter Roupas,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$1,194
to Landlord
Agree with the ruling?
Citation: Fullerton v Younus, 2024 ONLTB 80715
File Number: LTB-L-026716-24
Timeline
Application Date
Jan 2024
Hearing Date
Oct 2024
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.
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.
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
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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