Landlord Wins Personal Use Case: Diaz v Quintero 2024
Scarborough tenant evicted for landlord's own use, ordered to pay $4257
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 69 Santamonica Blvd, Scarborough, ON M1L4H3
Decision in favor of
landlord
Balance Owed to Landlord
$4,257
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2024
Order Date
Feb 2, 2024
Tenancy End Date
Apr 2024
Dispute Summary
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.
Determinations
- Landlord served valid N12 Notice
- Landlord has good faith intention to occupy the unit
- Tenant was in possession on application date
- Tenants failed to submit documentary evidence
- Separate tenancy agreements for each Tenant
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord has good faith intention to move into the basement portion of the property and will use it for herself and her nephew.
Arguments and Actions
Landlord
Actions
Landlord testified she no longer wants to be a landlord and needs the basement for herself and her nephew, who currently sleeps on the couch.
Tenant
Arguments
Tenants argued the N12 notice is invalid because the rental unit is the entire basement, not separate units.
Actions
Tenants testified they had a verbal agreement to vacate in April 2023 with compensation, but the Landlord later issued an N12 notice instead.
Decision Summary
The tenancy is terminated effective April 30, 2024. The Tenant must pay the Landlord $4,256.91, which includes compensation for use of the unit from June 7, 2023 to the move-out date, minus the rent deposit and interest. If the Tenant does not pay the full amount by April 30, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$700
Rent Deposit
$700
Deposit Interest
$14
Other Owed Amount
$4,971
Compensation for use and occupation of unit from June 7, 2023 to January 8, 2024
Total Owing
$4,257 (Owed to Landlord)
Source
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