Landlord Wins Eviction Case: 13011666 Canada Inc. v Robidoux 2023
Gravenhurst tenant evicted after employment with landlord company ended
Summarized by RentZenLast updated: August 6, 2024
Case Summary
581 Phillip Street East, Gravenhurst, ON P1P1M3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Oct 5, 2023
Tenancy End Date
Oct 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the unit was given to the Tenant for the term of the Tenant's employment which has now ended.
Determinations
- Landlord served valid N8 Notice
- Tenant was provided the rental unit in the course of her employment
- Tenant's employment was terminated on October 16, 2022
- Landlord is entitled to terminate the tenancy under section 58(1)(3) of the Act
Case Study
The Landlord has proven on a balance of probabilities that the Tenant was an employee of the Landlord and that the Landlord provided the Tenant with the rental unit in the course of their employment. Thus, pursuant to section 58(1)(3) of the Act, the Landlord is entitled to seek out a termination of the tenancy due to the Tenant's employment having been terminated on October 16, 2022.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenancy was offered to the Tenant in the course of her employment and that the tenancy was made conditional on the Tenant remaining employed with the Landlord company.
Actions
Landlord's Agent submitted a 'Short Term Rental Agreement' that was backdated and contained clauses conflicting with the Residential Tenancies Act.
Tenant
Arguments
Tenant argued that her tenancy remains independent of her employment status and that she is entitled to continue living in the rental unit.
Actions
Tenant submitted evidence that another tenant resides at the same address despite not being an employee of the Landlord.
Decision Summary
The tenancy is terminated effective October 16, 2023. The Tenant must move out of the rental unit on or before October 16, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenant shall pay the Landlord $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
28
Landlord Favorable
78.6%
Tenant Favorable
17.9%
Mutual Agreement
3.6%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,250
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.