Saad v Garcia

Tenant wins · Toronto · 2026-01-05

Adjudicator

Colin Elsby

Dispute

Damage to Property, Persistent Late Payment, Substantial Interference

Notice

Substantial interference (N5), Persistent late payment (N8)

Landlord

M.S.

Tenant

D.G.

What happened

The Landlord applied to terminate the tenancy and evict the Tenant based on allegations of substantial interference with reasonable enjoyment, willful or negligent damage to the premises, and persistent late payment of rent. The Landlord relied on an N5 notice and an N8 notice. The Landlord claimed the N5 was a 'second' notice within six months, which would make it non-voidable, but the form itself was not marked as a second notice. Regarding the N8 notice for late payment, the Landlord failed to provide specific dates of when payments were actually made, only listing due dates.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board found that both the N5 and N8 notices were legally insufficient. The N5 notice failed to clearly state it was a second, non-voidable notice, and the N8 notice failed to provide the specific payment history necessary to prove persistent lateness.