Di Croce v Miller

Tenant wins · Belleville · 2025-09-02

Adjudicator

Bryan Delorenzi

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

L.D.C.

Tenant

N.M.

What happened

The Landlord applied to terminate the tenancy for personal use. Although the Landlord attempted to pay the mandatory one-month rent compensation via e-transfer, the Tenant did not accept or retain the funds. The Landlord and Tenant Board (LTB) determined that since the compensation was not successfully received by the Tenant by the termination date, the Landlord failed to comply with the statutory requirements, resulting in the dismissal of the application.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The Board found that the Landlord failed to provide the required one-month rent compensation as mandated by Section 48.1 of the Act, because the Tenant did not accept the e-transfer payment sent by the Landlord.