Nesarajah v Deliberato

Tenant wins · East Gwillimbury · 2025-08-01

Adjudicator

Renée Lang

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

H.N.

Tenant

V.D., A.D.

What happened

The Landlord sought to review a previous order which dismissed an application for eviction based on personal use. The original application was dismissed because the termination date provided in the notice did not comply with statutory requirements, as it did not fall on the last day of a rental period. The Landlord contended the rent was due on the 1st of the month, while a prior Board order had already established the rent was due on the 4th.

The ruling

The Landlord's request for a review of the order dated July 11, 2025, is denied. The original decision to dismiss the eviction application remains in effect because the termination date on the notice was incorrect based on a previously established rent due date. The Landlord’s attempt to challenge the rent due date was ruled an abuse of process.