Culina v Cudlipp: Purchaser's Own Use Eviction in Sault Ste. Marie, ON
Sault Ste. Marie tenant evicted for landlord's personal use, ordered to vacate by January 3, 2023
Summarized by RentZenLast updated: July 22, 2024
Case Summary
367 Whitney Ave, Sault Ste. Marie, ON P6C5M3
Decision in favor of
landlord
Balance Owed to Landlord
$1,394
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2022
Hearing Date
Dec 2022
Order Date
Dec 5, 2022
Tenancy End Date
Jan 2023
We estimate Application Date using rent arrears.
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 in good faith requires possession of the rental unit for residential occupation.
Determinations
- Landlord compensated Tenant one month's rent
- Landlord entered into agreement of purchase and sale
- Landlord served valid N12 Notice
- Purchaser requires unit in good faith for residential occupation
- Residential complex is a single-family dwelling
- Tenant in possession on application date
- Tenant in rent arrears
Case Study
The Landlord successfully proved the grounds for termination by demonstrating that the residential complex is a single-family dwelling, an agreement of purchase and sale has been entered, and the purchaser requires the unit in good faith for residential occupation. The Landlord also provided proper compensation to the Tenant as required by law.
Arguments and Actions
Landlord
Arguments
Landlord has proven that the residential complex is a single-family dwelling, an agreement of purchase and sale has been entered, and the purchaser requires the unit in good faith for residential occupation.
Actions
Landlord has compensated the Tenant an amount equal to one month's rent by May 31, 2022.
Tenant
Actions
Tenant is in arrears of rent in the amount of $1,100.00.
Decision Summary
The tenancy is terminated effective January 3, 2023. The Tenant must vacate by this date. The Landlord agreed to waive all monies owed if the Tenant vacates by the termination date. If the Tenant does not vacate, they will owe $1,394.48 plus daily compensation of $36.16 from January 4, 2023, until they move out.
Adjudicator Details
LTB Member
Total Orders
18
Landlord Favorable
94.4%
Tenant Favorable
5.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,100
Rent Arrears
$1,100
Application Fee
$186
Other Owed Amount
$108
Rent for January 1-3, 2023
Total Owing
$1,394 (Owed to Landlord)
Source
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