Last updated: July 26, 2024
Ordered by Terri van Huisstede,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$800
to Landlord
Agree with the ruling?
Citation: Dorus v Bou Ghannam, 2021 CanLII 145505
File Number: CEL-00806-21
Application Date
Feb 2021
Hearing Date
Sep 2021
Order Date
Nov 8, 2021
The Landlords' application to evict the Tenant for the purpose of residential occupation by the Landlords' daughter is dismissed. The Tenant shall return the compensation cheque to the Landlords or, if they have cashed it, pay the amount back to the Landlords by November 30, 2021. If the Tenant does not pay the full amount by that date, they will owe interest at a rate of 2.0% annually.
Landlords applied to terminate the tenancy and evict the Tenant because the Landlords require possession of the rental unit for the purpose of residential occupation by their daughter. The Landlords did not meet the requirements under section 72(1)(a) of the Residential Tenancies Act, 2006 to provide an affidavit sworn by the person who needs the unit.
Landlord testified that he placed a cheque for one month's rent under the Tenant's door on May 26, 2021, but the Tenant refused the payment and slid it back under the door.
Landlords did not provide the required affidavit under section 72(1)(a) of the Act.
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Lawful Rent
$800
Ordered Amount
$800 (to Landlord)
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