Landlord Wins Personal Use Case: 1933866 Ontario Inc. v Thompson 2023
Toronto landlord wins personal use eviction case, tenant must vacate by May 31
Summarized by RentZenLast updated: September 12, 2024
Case Summary
3512 York St, Toronto, ON M5J0B1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 2, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served valid N12 Notice
- Landlord entered into agreement of purchase and sale
- Purchaser requires unit for residential occupation
- Tenant was in possession on application date
- Landlord compensated Tenant after Dec 31, 2022
- Landlord holding $1,800 rent deposit
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord has entered into an agreement of purchase and sale of the residential complex and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation. The Tenant's evidence did not establish bad faith on the part of the purchaser.
Arguments and Actions
Tenant
Arguments
Tenant suggests bad faith because she was given a previous N12 notice and the initials on the purchase and sale agreement were in the same style.
Actions
Tenant says she is a single woman with no family support and has not found a new place to live. She says moving would be exhausting and fatiguing.
Decision Summary
The tenancy is terminated effective May 31, 2023. The Landlord's claim for compensation is denied. The Tenant is granted relief from eviction until May 31, 2023 to allow time to make alternate arrangements.
Reason for Eviction Relief
To allow the Tenant time to make alternate arrangements
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Rent Deposit
$1,800
Deposit Interest
$62
Source
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