Oketch v Feare - Landlord's Eviction Application Dismissed
Landlord's eviction application dismissed as tenant's termination notice was found to be invalid
Summarized by RentZenLast updated: October 13, 2024
Case Summary
29 Seward Cres, Ajax, ON L1Z2C3
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Aug 20, 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Tenant gave notice to terminate the tenancy. The Tenant did not attend the hearing.
Determinations
- Landlord's L3 application was filed on June 24, 2024
- Tenant gave notice of termination on April 17, 2024
- Tenant did not serve the N9 notice of termination form
- Tenant sent a text message stating they will move out by end of May
- Tenant has not vacated the rental unit as of hearing date
- Landlord's application was filed under section 77(1) of the Act
- Tenant's text message did not specify a termination date as required by section 43(1) of the Act
- No valid notice of termination was given by the Tenant
Arguments and Actions
Tenant
Actions
Tenant sent a text message stating they will move out by end of May, but did not vacate the rental unit as of the hearing date.
Procedural Errors
Tenant did not serve the N9 notice of termination form as required by the Act.
Decision Summary
The Landlord's application is dismissed as the Board is not satisfied that a valid notice of termination was given by the Tenant.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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