Landlord Wins Personal Use Case: Baranyai v Royle 2022
Belleville landlord wins personal use case, tenants ordered to vacate
Summarized by RentZenLast updated: July 22, 2024
Case Summary
17 Fifth Street, Belleville, ON K8N4S2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2021
Tenancy End Date
Nov 2021
Order Date
Feb 17, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord entered into an agreement of purchase and sale and the purchaser requires possession of the rental unit for the purpose of residential occupation.
- Landlord gave the Tenant a valid N12 notice to end the tenancy.
- Landlord paid the Tenant compensation equal to one month's rent.
- Landlord submitted a copy of the Agreement of Purchase and Sale and a declaration from the purchaser affirming their good faith intention to move into the property.
- Tenant did not vacate the rental unit in accordance with the termination date set out in the notice.
Case Study
The Landlord has met all the technical requirements pursuant to section 49 of the Residential Tenancies Act. The Tenants sought additional time until the end of the current school year to move out of the rental unit, and the Landlord was amicable to extending and postponing the termination date until November 30, 2021.
Arguments and Actions
Tenant
Actions
Tenants sought additional time until the end of the current school year to move out of the rental unit.
Decision Summary
The tenancy between the Landlord and the Tenants is terminated as of November 30, 2021. The Tenants must move out of the rental unit. The Tenants shall pay the Landlord $39.78 per day for compensation for the use of the unit until the date the Tenant moves out. If the Tenants have not vacated the rental unit by December 1, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Rent Deposit
$985
Source
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