Evictly

Mina v Hergert

Tenant wins · Wasaga Beach · 2022-01-17

Adjudicator
Robert Brown
Dispute
Personal use
Notice
Personal use (N12)
Landlord
N.M., P.M.
Tenant
C.H., K.
Landlord rep
Michaeil Lingham
Tenant rep
Christina DePalma

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlords served the Tenants with an N12 notice of termination on September 15, 2021, with a termination date of February 28, 2022, which did not comply with the mandatory requirements of the Residential Tenancies Act, 2006.

The ruling

The Landlords' application is dismissed because the N12 notice served by the Landlords did not comply with the mandatory requirements of the Residential Tenancies Act, 2006.