Obeidat v SK FASHION AND GIFTWARE

Tenant wins · Mississauga · 2025-09-15

Adjudicator

Vladimir Nikitin

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Landlord

A.O.

Tenant

V.S.

Tenant rep

J. Narula

What happened

The Landlord applied to terminate the tenancy and evict the Tenant alleging substantial interference with the reasonable enjoyment or lawful rights of the Landlord or other tenants. The Tenant contested the application on the grounds that the notice of termination (N5) was defective as it failed to identify the specific rental unit within a residential complex containing two units.

The ruling

The Landlord's application to terminate the tenancy is dismissed. The Board found the notice of termination (N5) to be legally defective because it did not specify the rental unit in a property containing two separate units. Since the notice was invalid, the LTB lacked the jurisdiction to grant the eviction.