Kouretsos v Chisholm

Tenant wins · Port Colborne · 2021-10-26

Adjudicator

Frank Ebner

Dispute

Damage to Property

Notice

N5 Notice of Termination

Landlord

P.K.

Tenant

H.C., L.C.

Landlord rep

Irene Kosmas, Nikolas Kosmas

Tenant rep

Keri-Lynn Lee

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to alleged undue damage to the premises. The Landlord claimed the Tenants wilfully or negligently caused damage to the basement window, backyard grading and water drainage, basement wall, and unauthorized gardening structures.

The ruling

The Landlord's application is dismissed. The N5 notice served by the Landlord did not comply with the requirements of the Residential Tenancies Act, 2006, and therefore the Landlord's application for termination of the tenancy cannot be granted.