Landlord Loses Personal Use Eviction Case: Amiraco Properties Inc. v Darderian
Landlord's personal use eviction attempt dismissed due to failure to provide required compensation to tenant prior to termination date
Summarized by RentZenLast updated: July 26, 2024
Case Summary
74 Village Lake Crescent, Brampton, ON L6S6K1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Nov 29, 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords require possession of the rental unit for the purpose of residential occupation by their son. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Tenant acknowledged receipt of N12 notice
- Tenant did not receive compensation until after termination date
- Landlord's texts about compensation after termination date consistent with compensation not yet paid
- Compensation not provided to Tenant until after March 14, 2021
- Subsection 83(4) prohibits issuing termination order
Case Study
The Landlords' application was dismissed because the compensation required under section 48.1 of the Residential Tenancies Act, 2006 was not provided to the Tenant prior to the termination date in the N12 notice.
Arguments and Actions
Landlord
Actions
Landlord acknowledged that the cheque for compensation was dated March 10, 2021 and that he had understood it had been sent by the office of the Landlords' representative prior to the March 14, 2021 termination date in the N12 notice.
Tenant
Actions
Tenant acknowledged receipt of N12 notice but testified she received no compensation from the Landlord until she received a cheque in the mail in an envelope postmarked May 6, 2021.
Decision Summary
The Landlords' application for termination of the tenancy is dismissed.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
88.6%
Tenant Favorable
4.1%
Mutual Agreement
7.4%
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