Landlord Wins Personal Use Case: Fournier v Sergeev 2023
Landlord evicts tenant for personal use, tenant must vacate by May 31, 2023
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 15 Ballpark Rd, Capreol, ON P0M1H0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Mar 20, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord compensated Tenant one month's rent
- Landlord genuinely requires unit for personal use
- Landlord served valid N12 Notice
- Tenant failed to substantiate bad faith claim
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Tenant was in possession of the rental unit on the date the application was filed. The Landlord gave the Tenant an N12 notice of termination on June 20, 2022 with the termination date of August 31, 2022. The Landlord compensated the Tenant an amount equal to one month's rent on August 23, 2022. The Landlord genuinely intends to move into the rental unit after the Tenant vacates. The Tenant's claim that the Landlord served the N12 Notice in bad faith was not substantiated.
Arguments and Actions
Landlord
Actions
Landlord testified that their parents will be moving into their current residence and the Landlord and their daughter will be moving into the rental unit, thereby facilitating the Landlord's parents' assistance with childcare.
Tenant
Arguments
Tenant claimed the Landlord had served the N12 Notice in bad faith, but failed to provide any evidence or submissions to substantiate this claim.
Actions
Tenant testified they had been attempting to find a new rental property to no avail and given they were a single parent to a 3-year-old daughter, it was imperative they found a rental property close to their daughter's daycare.
Decision Summary
The tenancy is terminated. The Tenant must move out of the rental unit on or before May 31, 2023. The Landlord must provide a new cheque equal to one month's rent to the Tenant before May 31, 2023. If the unit is not vacated by May 31, 2023, the Landlord may file the order with the Court Enforcement Office (Sheriff) for eviction enforcement starting June 1, 2023.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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