Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$24,594
to Landlord
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Application Date
Dec 2022
Hearing Date
Aug 2024
Order Date
Sep 11, 2024
The Landlord proved the grounds for termination of the tenancy due to the Tenants' breach of the zoning by-law by storing vehicles on the property. However, the Adjudicator granted the Tenants relief from eviction and ordered them to remove the vehicles within 11 days. The Tenants were also ordered to pay $24,594 to the Landlord, including compensation for use of the unit and the application fee.
The Tenants are elderly and on fixed pensions, and eviction would cause them significant hardship.
Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord alleged that the Tenants were using the property for storage of vehicles contrary to the Oshawa zoning by-law.
Landlord purchased the property in 2022 for $32 million and has a 50% take-back mortgage. The Landlord stated that the Tenants' actions have been very frustrating and they are struggling with mortgage payments and property taxes.
Tenants argued that the property is owned by the Province of Ontario, not the Landlord.
Tenants were using the property to store vehicles contrary to the zoning by-law.
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Lawful Rent
$1,100
Application Fee
$186
Other Amount
$24,408
Daily compensation for use and occupation of rental unit
Ordered Amount
$24,594 (to Landlord)
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