Kolibas v LeDuc
Tenant wins · Hamilton · 2025-05-29
- Adjudicator
- Panagiotis Peter Roupas
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- D.K.
- Tenant
- F.L.
- Tenant rep
- Esther Chung
What happened
The Landlord applied to evict the Tenant for personal use by filing an L2 application based on an N12 notice. The Tenant contested the application, stating the N12 notice she received had an invalid termination date. The Landlord had submitted an amended, corrected N12 to the Board but failed to prove that this amended notice was ever served to the Tenant. The Board sided with the Tenant, deeming the application invalid due to the discrepancy between the served notice and the filed notice.
The ruling
The Landlord's application for an eviction order for personal use is dismissed. The Board found the application to be invalid because the N12 notice filed with the Board was a corrected version that was not served on the Tenant. The Tenant is ordered to repay the one month's rent compensation of $780.00 to the Landlord by June 30, 2025.