Landlord Wins Personal Use Case: Atkins-Nuzum v Fox and York
LTB Rules on Landlord's Personal Use Eviction in Leamington
Summarized by RentZenLast updated: July 22, 2024
Case Summary
58 Foundry St, Leamington, ON N8H1C6
Decision in favor of
landlord
Balance Owed
$0
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2021
Hearing Date
Dec 2021
Order Date
Jan 13, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlord 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. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
Determinations
- Eviction postponed to February 28, 2022
- Landlord paid one month's rent compensation
- Landlord requires unit for own residential occupation
- Landlord served valid N12 notice
Case Study
The Landlord served a valid N12 notice and established that she genuinely intends to use the rental unit for her own residential occupation for at least one year. The Landlord also complied with the requirement to pay the Tenants one month's rent compensation. However, the Board found that postponing the eviction until February 28, 2022 would not be unfair to the Landlord, as it would provide the Tenants, who are struggling financially, more time to secure a suitable rental unit.
Arguments and Actions
Landlord
Actions
Landlord testified that she will be moving into the unit at 58 Foundry Street in Leamington for her own use for a period of at least one year. Landlord currently lives in Windsor but wants to move closer to her family in Leamington.
Tenant
Actions
Tenant believes the Landlord's application is not made in good faith, as the rental unit is too small and poorly maintained for the Landlord's use.
Decision Summary
The tenancy is terminated effective February 28, 2022. The Tenants must vacate the rental unit by that date. If the unit is not vacated by February 28, 2022, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction starting March 1, 2022.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$901
Source
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