VIANI v Roth

Tenant wins · Stratford · 2025-07-03

Adjudicator

Carrie Bertrand

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

J.M.V.

Tenant

B.R., A.R.

Landlord rep

Nicolas Faye

Tenant rep

Mae Jennings

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants, claiming she required the rental unit for the residential occupation of her caregiver for at least one year. The Landlord had served an N12 notice with a termination date of April 30, 2025. However, the Landlord failed to pay the mandatory compensation required by the Act before the termination date.

The ruling

The Landlord's application for termination and eviction based on an N12 notice (personal use/caregiver) is dismissed. The dismissal is based on the Landlord's failure to pay the mandatory one-month rent compensation required by Section 48.1 of the Act before the termination date.