PADAN v MORRISON

Tenant wins · Etobicoke · 2025-12-18

Adjudicator

Alicia Johnson

Dispute

Damage to Property

Notice

Damages (N5)

Landlord

S.S.P.

Tenant

E.M.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant, alleging that the Tenant or someone they permitted in the complex caused wilful or negligent damage to the premises. The Landlord also sought compensation for repair costs. However, during the hearing, it was discovered that the N5 notice served by the Landlord was procedurally defective because the termination date was the same as the date of service, failing to meet the statutory requirement of providing at least 20 days notice.

The ruling

The Landlord's application for eviction and compensation for damages is dismissed without prejudice. The N5 notice was found to be invalid as it did not provide the Tenant with the minimum 20-day notice period required by the Residential Tenancies Act, 2006.