Talk:Notice of Personal Use - Re: Not in approved form

Case Law re: N12 not being served

Clarke v Schinkel, 2021 CanLII 149862 (ON LTB), <https://canlii.ca/t/jph1s>, retrieved on 2024-02-11

Determinations: 1. In Oct 2019 the Landlord’s husband, Paul Schinkel verbally asked the Tenants to vacate the rental

    unit due to her financial situation. The Landlord did not indicate an intent to occupy or sell the 
    unit.

2. On November 29, 2019, the parties signed an N11 Agreement agreeing to terminate the tenancy on Dec

    15, 2019.

3. The Tenants found a new place and moved out on Dec 15, 2019. 4. On February 26, 2020 the rental unit was listed for $2300/month on MLS 5. On April 1, 2020 the new tenant moved into the rental unit. 6. The Landlord did not serve the Tenants’ with an N12 notice of termination under section 48 of the

    Act. This is undisputed.

7. In their application, the Tenants’ crossed out the reason for the application stating that the

    Landlord gave an N12 notice of termination and the tenants’ hand wrote that the Landlord gave “No 
    form given/Verbal/Email”.

...

14. The Landlord did provide the Tenants’ with an N11 agreement to end the tenancy. The Tenants’ could

   have refused to sign it, as was their right. However, the Tenants did sign the N11 agreement, and 
   there was no evidence that did so due to fraud, coercion or duress. Further, the Tenants 
   acknowledged that the Landlord did not ask them to sign the N11 because she was planning on moving 
   into the unit or selling the unit.