Talk:Failure of Landlord to Disclose Landlord Address

Nejad v Preddie, 2016 ONSC 4348 (CanLII)

[72] Section 12 of the Act provides:

(1) Every written tenancy agreement entered into on or after June 17, 1998 shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act.

(2) If a tenancy agreement entered into on or after June 17, 1998 is in writing, the landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs it and gives it to the landlord.

(3) If a tenancy agreement entered into on or after June 17, 1998 is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act.

(4) Until a landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be,

(a) the tenant’s obligation to pay rent is suspended; and

(b) the landlord shall not require the tenant to pay rent.

(5) After the landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4).

[73] The tenant argued that his obligation to pay rent during the period was suspended because the landlord had not complied with s. 12(1), an argument that is obviously inconsistent with any suggestion that the arrears had been paid.

[74] As I have noted, the Member concluded that while the lease did not set out the address of the landlord, the landlord subsequently identified the landlord’s counsel as the landlord’s agent, provided the business address of counsel, in effect stating that the landlord’s address is his counsel’s business address. This complies with s. 12(1), which only requires the provision of an address for notice of documents, and not a personal address.

[75] The tenant did not pursue the argument that the landlord had not complied with the requirement to set out his legal name. He obviously had. But he argued that the Member erred in law in concluding that the landlord had cured his failure to set out his address for the purpose of giving notices or other documents under the Act.

[76] In my view, the Member’s conclusion on this issue was entirely reasonable, taking into consideration as he did the stated purpose of providing an address: to provide a lawful method for the tenant to give notices or other documents under the Act to the landlord. I see no possible legal error in the Member’s conclusion that giving the address of counsel for the landlord as the address for giving notices or other documents complies with s. 12(1) of the Act.