SEIFI v Greco

Tenant wins · Newmarket · 2025-11-20

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

F.S.

Tenant

A.G.

Landlord rep

Hok Cheong Cheng

Tenant rep

Sahar Ali

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for personal use of the rental unit. The Landlord served an N12 notice on August 28, 2025, with a termination date of October 31, 2025. However, the parties agreed that rent was due on the 15th of each month, meaning the end of the rental period was the 14th. The LTB found the termination date in the notice was incorrect as it did not coincide with the end of a rental period.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed because the N12 notice was defective; it failed to provide a termination date that fell on the last day of the rental period. Consequently, the Tenant is ordered to return the $2,500.00 compensation previously paid by the Landlord for the N12 notice by November 30, 2025.