Cheng v Tabatabaei Soltani

Tenant wins · North York · 2022-01-10

Adjudicator

Greg Joy

Dispute

Personal use

Notice

Personal use (N12)

Landlord

L.C.

Tenant

T.A., M.H.T.S.

Landlord rep

Yun Tao Li

Tenant rep

Horia Tabatabaei Soltani

What happened

Landlord applied to terminate tenancy and evict Tenants for personal use of the rental unit. Landlord also claimed compensation for each day Tenants remained in the unit after the termination date. The application was dismissed due to Landlord's non-compliance with the Residential Tenancies Act requirement to pay one month's rent to Tenants prior to the termination date.

The ruling

The Landlord's application for termination of tenancy and eviction of Tenants for personal use was dismissed. The Landlord failed to comply with the Residential Tenancies Act requirement to pay Tenants one month's rent prior to the termination date. Although the Landlord initially made the payment, it was cancelled and not reissued before the termination date, resulting in non-compliance.