Gregorio v Leach

Tenant wins · Toronto · 2025-11-06

Adjudicator

Curtis Begg

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

J.G.

Tenant

D.L.

What happened

The Landlord applied for an order to terminate the tenancy for personal use. During the hearing, it was determined that the N12 notice served by the Landlord contained an invalid termination date. Specifically, the termination date was set as the first day of the rental period rather than the last day, as required by the Residential Tenancies Act. Consequently, the application was dismissed without merit on the underlying claim for possession.

The ruling

The Landlord's application for termination and eviction based on personal use was dismissed. The N12 notice was found to be legally invalid because the termination date provided (October 1, 2025) was the start of a rental period instead of the end of a rental period. The Landlord is permitted to serve a new, correct notice and file a new application.