Andersen v ZDRAK

Tenant wins · Richmond Hill · 2025-06-20

Adjudicator

Panagiotis Peter Roupas

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

D.M.A.

Tenant

K.Z., O.Z., I.P.

Landlord rep

Bahman Roudgarnia

Tenant rep

Elina Vasilieva

What happened

The Landlord filed an application to evict the Tenants for personal use after serving an N12 notice. The Tenants contested the application, arguing the N12 notice was defective because it did not specify the 'Main Level' unit, only the building address, in a property with a separate basement unit. The Tenants were also confused because the property was listed for sale around the same time. The LTB found the N12 notice invalid for failing to correctly identify the rental unit and dismissed the Landlord's application.

The ruling

The Landlord's application to evict the Tenants for personal use was dismissed. The LTB found the N12 Notice of Termination to be invalid because it failed to correctly identify the rental unit by omitting the 'Main Level' designator in a multi-unit building. As the application was denied, the Tenants are ordered to repay the one month's rent compensation of $3,230.00 they had received from the Landlord.