Last updated: July 22, 2024
Ordered by Curtis Begg,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: Bruinsma v Fuller, 2023 ONLTB 19081
File Number: LTB-L-010576-22
Hearing Date
Sep 2022
Order Date
Feb 9, 2023
Tenancy End Date
Feb 2023
The tenancy is terminated. The Tenant must move out of the rental unit on or before February 28, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced starting March 1, 2023.
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Landlord testified that the property was built in 1912 and had been converted into a duplex prior to him owning the property. He was served a notice by the City of Oshawa indicating that the property is currently operating as a single detached dwelling with two accessory units, for a total of three separate dwelling units. The lawful use of the is a single detached dwelling with on registered accessory unit. The Landlord submitted that rather than completing repairs needed to comply with the notice of violation he would rather move into the dwelling and use it for his own residential occupation.
Landlord omitted one of the N12 notices served on the Tenant in the last two years in the application.
Tenant lives in the rental unit with her partner and testified that the housing market in Oshawa is particularly difficult.
Tenant's representative raised a preliminary issue with respect to the Landlord's application, stating that the Landlord failed to comply with section 71.1 (4) of the Residential Tenancies Act, 2006 by not indicating all the N12 notices served on the Tenant in the last two years.
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