Daley v Linton: Landlord's Own Use Eviction Case in Etobicoke, ON
Etobicoke tenant ordered to pay $18823 in compensation and vacate for landlord's personal use
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 10 Collanus Court, Etobicoke, ON M9W6G5
Decision in favor of
landlord
Balance Owed to Landlord
$18,824
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2020
Hearing Date
Jun 2021
Order Date
Mar 22, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord's daughter requires possession of the rental unit for residential occupation. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord paid required one month's compensation
- Landlord's daughter genuinely intends to occupy the unit for at least one year
- Tenant to pay compensation for use of unit from February 1, 2020 to move-out date
- Tenant's request for relief from eviction denied
Case Study
The Board determined that the Landlord acted in good faith in requiring possession of the rental unit for his daughter's residential occupation. The Tenant's arguments for relief from eviction, including ties to the area and personal circumstances, were considered but not found sufficient to override the Landlord's right to reclaim the property for family use.
Arguments and Actions
Landlord
Arguments
Landlord argued good faith intention for family member's use of the property as per subsection 48(1) of the Residential Tenancies Act, 2006.
Actions
Landlord's daughter provided sworn affidavit and testimony confirming intention to move into the rental unit to be closer to her parents and assist with their health concerns.
Tenant
Arguments
Tenant requested relief from eviction citing ties to the area, medical needs, and potential homelessness.
Actions
Tenant argued that the Landlord's real intention was to evict him due to previous unsuccessful applications before the Board.
Decision Summary
The tenancy is terminated, and the Tenant must move out by April 2, 2023. The Tenant is ordered to pay $18,823.80 for use of the unit from February 1, 2020 to March 22, 2023, plus $16.44 per day until move-out. If not vacated by April 2, 2023, the Landlord may file for eviction enforcement.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$500
Other Owed Amount
$18,824
Compensation for use of unit from February 1, 2020 to March 22, 2023
Total Owing
$18,824 (Owed to Landlord)
Source
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