Landlord Fails to Prove Personal Use: Dorus v Bou Ghannam
Landlord's application to evict tenant for personal use dismissed due to lack of required affidavit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 3895 Henrietta Way, Mississauga, ON L5M7Y4
Decision in favor of
tenant
Balance Owed to Landlord
$800
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2021
Hearing Date
Sep 2021
Order Date
Nov 8, 2021
Dispute Summary
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.
Determinations
- Landlords gave N12 notice on 2021-02-02 with termination date of 2021-05-31
- Landlords did not file affidavit as required under section 72(1)(a) of the Act
- Landlord's declaration did not meet requirements as it was not from the person requiring the unit
- Landlord placed compensation cheque under Tenant's door, Tenant disputed receiving it
- Compensation cheque provided to Tenant during hearing, Tenant accepted it
Case Study
The Landlords did not provide the required affidavit under the Act, so the application is dismissed. The Tenant must return the compensation cheque or pay the amount back to the Landlords.
Arguments and Actions
Landlord
Actions
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.
Procedural Errors
Landlords did not provide the required affidavit under section 72(1)(a) of the Act.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$800
Total Owing
$800 (Owed to Landlord)
Source
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