AP v BM
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: AP v BM, 2017 CanLII 142776
File Number: TSL-87556-17
Timeline
Application Date
May 2017
Hearing Date
Oct 2017
Order Date
Oct 16, 2017
Tenancy End Date
Nov 2017
Decision
The tenancy is terminated effective November 30, 2017. The Tenant must vacate the unit by that date. The Tenant shall pay the Landlord $67.40 per day for use of the unit from November 1, 2017 until the Tenant moves out. If the unit is not vacated by November 30, 2017, the Landlord may file the order with the Sheriff for enforcement starting December 1, 2017.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served valid N12 notice
- Landlord has good faith intention to occupy unit
- Tenant lived in unit for approximately 6 years
- Tenant has been looking for new accommodation for 2 months
- Tenant has casual employment but earns $2,000-$3,000/month
Landlord's Arguments
Actions and Evidence
Landlord requires the unit for her own residential occupation as it is larger than her current unit and she needs more space.
Tenant's Arguments
Arguments
Tenant argued the Landlord did not serve the N12 notice in good faith, citing the Landlord's past actions and the rent charged for other units.
Actions and Evidence
Tenant has lived in the unit for approximately 6 years and has been looking for new accommodation for the last 2 months.
Similar Cases
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The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
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