Esene v Giesler: Personal Use Eviction Case in Waterloo, ON
Esene v Giesler: Personal Use Eviction Case in Waterloo, ON
Summarized by RentZenLast updated: July 22, 2024
Case Summary
121 Steeplechase Way, Waterloo, ON N2K0E7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2022
Hearing Date
Oct 2022
Order Date
Nov 9, 2022
Tenancy End Date
Jan 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant because they in good faith require possession of the rental unit for residential occupation for at least one year. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Eviction postponed to January 15, 2023 due to Tenant's circumstances
- Landlords demonstrated good faith intention to occupy the unit
- Landlords have not given another notice under section 48, 49 or 50 within two years prior
- Landlords paid required one month's rent compensation
- Landlords served valid N12 Notice on March 9, 2022
- Tenancy is month-to-month with $2400 monthly rent
- Tenant has no rent arrears
Case Study
The Landlords' application was successful as they demonstrated good faith intention to occupy the rental unit for personal use. The Tenant's arguments about the Landlord's commute and motives were considered but did not outweigh the Landlord's genuine need for separate accommodation from his estranged spouse. To succeed, the Tenant would need to provide stronger evidence that the Landlord's intention was not genuine or that the eviction would cause undue hardship.
Arguments and Actions
Landlord
Arguments
Landlords argued they require the unit in good faith for personal use, as per section 48 of the Residential Tenancies Act.
Actions
Landlord Clement Esene testified that he requires the unit for his own personal residence due to separation from his spouse. He works from home most of the time and travels to his office in Woodbridge 3-4 times per month.
Tenant
Arguments
Tenant argued that the Landlord's application was not made in good faith, questioning the motives for moving to Waterloo given the increased commute to the Landlord's office.
Actions
Tenant and his wife suffer from health issues, including testicular cancer, pancreatitis, knee injuries, and mental illness. Tenant's son is in grade 12, and a move would disrupt his education.
Decision Summary
The tenancy is terminated effective January 15, 2023. The Tenant must vacate the rental unit by this date. The Landlords may file for eviction enforcement if the unit is not vacated by January 16, 2023. The Tenant must continue to pay monthly rent of $2400 until vacating the unit.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$2,400
Rent Deposit
$2,400
Source
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