Miller v Muhammed

Tenant wins · Etobicoke · 2021-04-06

Adjudicator

Dawn Wickett

Dispute

Damage to Property, Personal Use

Notice

Landlord's or Purchaser's Own Use (N12)

Landlord

V.M.

Tenant

E.A.S.M.

Tenant rep

Tenant Duty Counsel

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to alleged undue damage to the rental unit and the Landlord's need for personal use of the unit. The Landlord also sought compensation for the damage and daily compensation for the Tenant remaining in the unit after the termination date.

The ruling

The Landlord's application is dismissed. The N12 notice was invalid as the termination date was not the last day of the rental period. The Landlord also failed to provide sufficient evidence to establish the Tenant caused undue damage to the rental unit.