Nafanailova v Komarovetski

Tenant wins · North York · 2024-10-25

Adjudicator

Panagiotis Peter Roupas

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

I.N.

Tenant

A.K., F.K.

Landlord rep

Alexandre Zommer

Tenant rep

Joshua Colonnese

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.

The ruling

The Landlord's application is dismissed because the Landlord failed to comply with subsection 71.1(3) of the Residential Tenancies Act, 2006 by not disclosing a prior N12 notice served on the Tenants. The Tenants are ordered to repay the Landlord the compensation of $1,950.00 paid to them within 30 days, and if not paid, will start to owe interest at 6.00% annually on the outstanding balance.