Tenant Wins Personal Use Eviction Case: Elkasabgy v Lacharite 2024
Landlord's personal use eviction application dismissed due to insufficient evidence of good faith intention
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 116 Wellington St, Kingston, ON K7L3C7
Decision in favor of
tenant
Balance Owed to Landlord
$679
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Jan 2024
Order Date
Feb 14, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant for personal residential occupation. The Landlord claimed good faith intention to occupy the rental unit for at least one year.
Determinations
- Landlord's representative cannot provide contested evidence
- No documentary evidence submitted to prove intention
- Tenant's claims of disrepair not substantiated
- Landlord did not establish genuine intention to occupy unit
Case Study
The Board examined the good faith requirement for personal use eviction, considering the Landlord's sworn declaration and lack of substantive evidence.
Arguments and Actions
Landlord
Actions
Landlord claims good faith intention to occupy unit for at least one year
Tenant
Arguments
First N12 application was faulty, Landlord should not be allowed to apply based on second N12
Actions
Tenant believes notice served in bad faith, claims unit is in disrepair with outstanding orders from various departments
Decision Summary
Landlord's application for personal use eviction was dismissed due to insufficient evidence of good faith intention to occupy the unit for at least one year. Tenant must return the $679.00 compensation by February 25, 2024.
Adjudicator Details
LTB Member
Total Orders
37
Landlord Favorable
89.2%
Tenant Favorable
10.8%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$679
Other Owed Amount
$679
Compensation returned to Landlord
Total Owing
$679 (Owed to Landlord)
Source
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