Landlord Wins Personal Use Case: Cheng v Trigg 2022
Aurora landlord wins personal use case, tenant ordered to vacate and pay $5916
Summarized by RentZenLast updated: July 22, 2024
Case Summary
29 Capreol Avenue, Aurora, ON L4G0Z8
Decision in favor of
landlord
Balance Owed to Landlord
$5,916
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2021
Hearing Date
Feb 2022
Order Date
Feb 11, 2022
Tenancy End Date
Apr 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 has valid agreement to sell property
- Landlord paid compensation before termination date
- Purchaser requires unit for personal use
- Tenant has resided in unit for approximately 5 years
Case Study
The Landlord paid the required compensation before the termination date, and the Landlord has a valid agreement to sell the property to a purchaser who requires the unit for personal use. The Tenant's arguments about the Landlord not paying compensation and the property not being sold were not supported by the evidence.
Arguments and Actions
Landlord
Actions
Landlord testified that she went to the rental home to give the Tenant the compensation cheque, but the Tenant's mother quickly closed the door, and the Landlord placed the envelope under the door. The Landlord also testified that the closing date has changed because the purchaser is waiting for the Tenant to vacate the unit.
Tenant
Arguments
Tenant argued that the Landlord did not pay the required compensation before the termination date, and that the Landlord has not sold the property because there are multiple purchase and sale agreements.
Actions
Tenant has resided in the home for approximately 5 years.
Decision Summary
The tenancy is terminated effective April 30, 2022. The Tenant must vacate the unit by that date. The Tenant must pay the Landlord $5,851.75 for use of the unit from November 15, 2021 to February 11, 2022, and $65.75 per day from February 12, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by February 22, 2022, the Tenant will owe interest. If the unit is not vacated by April 30, 2022, the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Damages
$5,851
Other Owed Amount
$65
Compensation for use of unit from February 12, 2022 to move-out date
Total Owing
$5,916 (Owed to Landlord)
Source
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