Balzer v KARYAKIN

Tenant wins · Waterloo · 2024-12-10

Adjudicator

Melissa Anjema

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

O.J.B.

Tenant

A.K.

Tenant rep

Sarah Teal

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.

The ruling

The Landlord's application is dismissed. The Landlord failed to provide the Tenant with one month's rent compensation as required under the Residential Tenancies Act, 2006 when serving the N12 notice. Additionally, the N12 notice served by the Landlord was confusing as it indicated both the Landlord and a purchaser require the rental unit, which did not allow the Tenant to understand the case against them.