Landlord Wins Personal Use Case: Garg v Moheddin 2022
Landlord evicts Mississauga tenants for personal use, awarded $8561 in damages
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 200 Robert Speck Pky, Mississauga, ON L4Z1S3
Decision in favor of
landlord
Balance Owed to Landlord
$8,561
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2022
Order Date
Jul 5, 2022
Tenancy End Date
Jul 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 requires unit for personal use
- Landlord served valid N12 Notice
- Landlord's testimony was credible
- Short delay in eviction warranted due to long-term tenancy
- Tenants failed to provide evidence Landlord lacks genuine intent
- Tenants have had over 6 months to prepare to move out
Case Study
The Landlord's application should be granted as the Landlord has a genuine intention to occupy the rental unit for at least one year. The Tenants failed to provide sufficient evidence to establish that the Landlord does not genuinely intend to occupy the rental unit.
Arguments and Actions
Tenant
Arguments
Tenants argued Landlord does not genuinely intend to occupy the rental unit because Landlord's parents own at least one residential property and the Landlord should be able to live with her parents.
Actions
Tenants argued Landlord does not genuinely intend to occupy the rental unit, but provided no evidence to support this position.
Decision Summary
The tenancy is terminated effective July 31, 2022. The Tenants must vacate the rental unit by this date. If the unit is not vacated by July 31, 2022, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenants must pay the Landlord $8,561.71 in compensation for use of the unit from February 25, 2022 to June 29, 2022, and an additional $68.49 per day from June 30, 2022 until the date the Tenants move out. If the full amount is not paid by July 31, 2022, the Tenants will owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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Financial Details
Lawful Rent
$2,083
Damages
$8,561
Total Owing
$8,561 (Owed to Landlord)
Source
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