Landlord Wins Personal Use Case: Alampi v Nicoletti 2021
Hamilton landlords evict tenants for personal use, tenants owe $1727
Summarized by RentZenLast updated: July 26, 2024
Case Summary
23 Collegiate Ave, Hamilton, ON L8G3L2
Decision in favor of
landlord
Balance Owed to Landlord
$1,727
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Oct 12, 2021
Tenancy End Date
Nov 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation by the Landlord's child.
Determinations
- N12 Notice of Termination served on June 7, 2021 with termination date of August 31, 2021
- Landlord filed affidavit certifying person in good faith requires rental unit for own personal use for minimum 1 year
- Landlord paid Tenant compensation equal to one month's rent
- August 2021 rent waived
Case Study
The Landlord has established on a balance of probabilities that the Landlord's child genuinely intends to move into the rental unit and live there for at least one year. Therefore, the Landlord in good faith requires possession of the rental unit for a period of at least one year.
Arguments and Actions
Tenant
Arguments
Tenants do not dispute Landlord's position, but request 2-3 additional months to vacate.
Actions
Majority of Tenants' belongings already packed, Tenants require 2-3 additional months to secure new rental unit. Tenant Vince Nicoletti is ill and taking daily dialysis, affecting his ability to walk steadily.
Decision Summary
The tenancy is terminated effective November 30, 2021. The Tenants must move out by that date. The Tenants must pay the Landlords $1,686.72 in compensation for use of the unit from September 1 to October 12, 2021, and $40.16 per day from October 13, 2021 until they move out. If the full amount is not paid by October 23, 2021, the Tenants will owe interest.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Damages
$1,687
Other Owed Amount
$40
Compensation for use of unit from October 13, 2021 to move-out date
Total Owing
$1,727 (Owed to Landlord)
Source
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