Landlord Wins Personal Use Case: 2519311 Ontario Inc. v Sousa 2023
Brampton landlord wins personal use eviction, tenant ordered to pay $19529
Summarized by RentZenLast updated: September 12, 2024
Case Summary
105 Inspire Blvd, Brampton, ON L6R3W4
Decision in favor of
landlord
Balance Owed to Landlord
$19,529
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jul 17, 2023
Tenancy End Date
Sep 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's father.
Determinations
- Landlord served valid N12 Notice
- Landlord compensated Tenant one month's rent
- No last month's rent deposit
- Landlord's father intends to occupy unit
- Tenant must vacate by September 30, 2023
- Tenant owes $19,528.77 in compensation
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord's father genuinely intends to move into the rental unit after the Tenant vacates, and the Landlord has compensated the Tenant an amount equal to one month's rent.
Arguments and Actions
Tenant
Arguments
The Tenant testified that it was their belief that the Landlord's application was not filed in good faith, submitting that this was just another attempt to harass them into leaving, citing previous N12 Notices.
Actions
The Tenant testified that she had been unemployed since June 2022 and was unable to pay the rent.
Decision Summary
The tenancy is terminated effective September 30, 2023. The Tenant must pay the Landlord $19,528.77 in compensation for use of the unit from August 1, 2022 to June 26, 2023. If the Tenant does not pay the full amount by September 30, 2023, the Tenant will start to owe interest at 6% annually on the outstanding balance.
Reason for Eviction Relief
The Tenant requested a 3-month delay in eviction to give her more time to find a new rental property, and the Landlord did not object.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,800
Other Owed Amount
$19,529
Compensation for use of unit from August 1, 2022 to June 26, 2023
Total Owing
$19,529 (Owed to Landlord)
Source
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