Smith v Montgomery

Tenant wins · Trenton · 2022-01-19

Adjudicator

Diane Wade

Dispute

Undue Damage

Notice

Undue Damage (N5)

Landlord

D.S.

Tenant

A.M., M.T.

Tenant rep

Maria Taslis

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to undue damage to the rental unit or residential complex. The application was filed after serving a notice of termination under section 62 of the Residential Tenancies Act, 2006.

The ruling

The Landlord's application is dismissed without prejudice because the N5 notice improperly named Maria Taslis as a Tenant, making the notice fatally flawed.