Landlord Wins Personal Use Case: Romina Forouzanfar v Haytham Thabet 2023
North York tenant evicted for landlord's personal use, ordered to pay $685
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2 Saywell Ave, North York, ON M3J0E9
Decision in favor of
landlord
Balance Owed to Landlord
$685
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 5, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent and for the Landlord's own personal use of the rental unit. The Tenant opposed the applications.
Determinations
- Landlord served valid N5 and N12 Notices
- Tenant changed lock without providing code to Landlord
- Landlord's intention to occupy unit for personal use was genuine
- Tenant to vacate by July 31, 2023 with 2 month delay
Case Study
The Landlord's N5 notice was valid, but the issue was resolved before the hearing. The Landlord's N12 notice for personal use was also valid, and the Landlord's intention to occupy the unit was found to be genuine. The Tenant was ordered to vacate by July 31, 2023, with a delay of 2 months granted.
Arguments and Actions
Landlord
Actions
Landlord testified that when she took over the property, the Tenant had changed the lock and did not provide the code until the week before the hearing.
Tenant
Arguments
Tenant believes the Landlord's intention to occupy the unit is not genuine and that the Landlord wants to rent the unit at a higher price.
Actions
Tenant changed the lock to the rental unit and did not provide the code to the Landlord until the week before the hearing.
Decision Summary
The tenancy is terminated effective July 31, 2023. The Tenant must pay the Landlord $684.62, which includes rent arrears and the application filing fee, minus the rent deposit and interest. The Tenant is also ordered to pay daily compensation of $31.23 from May 18, 2023 until the date the Tenant vacates the unit. Eviction is delayed by 2 months to July 31, 2023.
Reason for Eviction Relief
Given the length of the tenancy, a short delay in eviction is warranted
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$950
Rent Arrears
$1,900
Application Fee
$186
Rent Deposit
$950
Deposit Interest
$32
Total Owing
$685 (Owed to Landlord)
Source
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