10000261610 Ont Inc v Kellner

Tenant wins · Delhi · 2025-11-06

Adjudicator

Karen Gonçalves

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

10000261610 Ont Inc

Tenant

J.K.

Landlord rep

Saleh Daghstani

What happened

The Landlord, a corporation, applied for an order to terminate the tenancy and evict the Tenant for personal use of the rental unit. The Landlord served an N12 notice claiming that an individual intended to move into the unit. However, the Landlord of record is a corporation, and no evidence was provided that the rental unit is owned by an individual as required by the Act for personal use evictions.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The Board found that because the Landlord is a corporation and provided no evidence of individual ownership, it was legally barred from serving an N12 notice under Section 48(5) of the Residential Tenancies Act, 2006.