Notice does not Identify the Rental Unit (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-10-06
CLNP Page ID:	1847
Page Categories:	[Defective Notice (LTB)]
Citation:	Notice does not Identify the Rental Unit (RTA), CLNP 1847, <5j>, retrieved on 2024-10-06
Editor:	Sharvey
Last Updated:	2022/01/13

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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.