Deng v Parent

Tenant wins · Toronto · 2025-05-01

Adjudicator

Karen Gonçalves

Dispute

Personal Use

Notice

Personal use (N12), Renovation, Major Repairs (N13)

Landlord

J.Q.D.

Tenant

M.S.P.

Landlord rep

Hoi Fai Alvin Chan

What happened

The Landlord applied for eviction for personal use (N12). The application was dismissed because the Landlord failed to disclose two previous N13 notices served within the last two years, which is a mandatory requirement under section 71.1(3) of the RTA. The Landlord initially denied serving the N13 notices but later admitted to it at the hearing.

The ruling

The Landlord's application to evict the Tenant for personal use is dismissed. The dismissal is a direct result of the Landlord's failure to comply with section 71.1(3) of the RTA, which mandates the disclosure of all N12 or N13 notices issued in the preceding two years. The Landlord had omitted two prior N13 notices from the application.