Landlord Wins Personal Use Case: Abraham v Ibrahim 2023
Windsor landlord evicts tenants for personal use, tenant must vacate by July 31, 2023
Summarized by RentZenLast updated: July 22, 2024
Case Summary
891 Grand Marais Rd W, Windsor, ON N9E1C2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Mar 20, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 son.
Determinations
- Eviction postponed to July 31, 2023
- Landlord compensated Tenants 1 month's rent
- Landlord intends to occupy unit for at least 1 year
- Landlord served valid N12 notice
- No last month's rent deposit
Case Study
The Landlord served a valid N12 notice and demonstrated a genuine intention to occupy the unit for at least one year. The Tenants' claims about the Landlord's motives were not sufficiently supported by evidence. The Landlord compensated the Tenants as required. While the Tenants have resided in the unit for over 4 years, the Landlord's personal use reason takes precedence, and the eviction order is justified.
Arguments and Actions
Landlord
Arguments
Landlord demonstrated a genuine intention to occupy the unit for at least one year, which is the legal test.
Actions
Landlord testified his 10-year-old son wishes to attend the French immersion school near the rental unit, and that he has two other properties he is unable to manage.
Tenant
Arguments
Tenants argued Landlord's intent to occupy was not genuine, but did not provide sufficient evidence to demonstrate this.
Actions
Tenants claimed Landlord tried to increase rent beyond guidelines, but eventually accepted the guideline increase to $1,215.
Decision Summary
The tenancy is terminated, and the Tenants must vacate the unit by July 31, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Sheriff to enforce the eviction starting August 1, 2023.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$1,215
Source
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