Notice does not Identify the Rental Unit (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1847
Page Categories:	[Defective Notice (LTB)]
Citation:	Notice does not Identify the Rental Unit (RTA), CLNP 1847, <https://rvt.link/62>, retrieved on 2024-11-23
Editor:	MKent
Last Updated:	2023/05/25

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

43 (1) Where this Act permits a landlord or tenant to give a notice of termination, the notice shall be in a form approved by the Board and shall,

(a) identify the rental unit for which the notice is given;

(b) state the date on which the tenancy is to terminate; and

(c) be signed by the person giving the notice, or the person’s agent. 2006, c. 17, s. 43 (1).

(2) If the notice is given by a landlord, it shall also set out the reasons and details respecting the termination and inform the tenant that,

(a) if the tenant vacates the rental unit in accordance with the notice, the tenancy terminates on the date set out in clause (1) (b);

(b) if the tenant does not vacate the rental unit, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant; and

(c) if the landlord applies for an order, the tenant is entitled to dispute the application. 2006, c. 17, s. 43 (2).

St Jean v Newton, 2020 CanLII 118383 (ON LTB)

Determinations:

1. The rental unit is the second unit located in a small apartment building that consists of six separate units. However, the notice of termination does not identify the rental unit.

2. Subsection 43(1)(a) of the Residential Tenancies Act, 2006 (the 'Act') says:

Where this Act permits a landlord or tenant to give a notice of termination, the notice shall be in a form approved by the Board and shall,

(a) identify the rental unit for which the notice is given;

3. As the notice of termination fails to comply with the mandatory requirements of the Act, it is invalid and the Landlord’s application is dismissed.

Quazi v Murphy, 2021 CanLII 86717 (ON LTB)

7. The Landlord gave a notice with a date for termination specified in a notice that was at least 60 days after the notice is given and shall be the day a rental period of the tenancy ends. The Tenant confirmed his rental period ends on the last day of each month.

8. Subsection 37(1) of the Residential Tenancies Act, 2006 (the RTA) states “a tenancy may be terminated only in accordance with the Act.”

9. Section 43(1) of the Act sets out the minimum requirements for a notice of termination of a tenancy such as the (N12) notice given here. It states - where this Act permits a Landlord to give a notice of termination, the notice shall be in a form approved by the Board and shall,

a) identify the rental unit for which the notice is given.

10. The applicable statutory notice provisions above are mandatory in nature and require strict compliance.

11. The (N12) notice of termination given to the Tenant states that the rental unit is (Main Floor - One Room). It is clear, and undisputed, that when the Tenant was served with the (N12) notice there were multiple tenancies in the complex.

12. Despite that this is the same address as set out in the tenancy agreement between the Landlord and the Tenant. I was not satisfied the notice properly identified the Tenant’s specific rental unit for which the notice is given as required pursuant to section 43 (1)(a) of the Act.

13. A notice cannot be amended after it is given