Gourlay-Dahmer v Ritz: Landlord's Personal Use Eviction in Kitchener, ON
LTB Upholds Landlord's N12 Notice for Personal Use in Kitchener
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 53 Broken Oak Cres, Kitchener, ON N2N1N8
Decision in favor of
landlord
Balance Owed to Landlord
$4,404
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2022
Order Date
Nov 30, 2022
Tenancy End Date
Feb 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 residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Compensation was properly paid to Tenant
- Landlord has good faith intention to reside in the unit for at least one year
- Landlord has proven grounds for termination
- Tenant's allegations of bad faith were dismissed
- Tenant's maintenance issues do not constitute serious breach by Landlord
Case Study
The Landlord's application was successful as they proved their good faith intention to occupy the unit for at least one year. The Tenant's arguments of bad faith were dismissed due to lack of substantial evidence. The Tenant could have potentially strengthened their case by providing more concrete evidence of the Landlord's alleged intentions to re-rent or sell the property.
Arguments and Actions
Landlord
Arguments
The Landlord maintained that the N12 notice was issued in good faith for the purpose of residential occupation for at least one year.
Actions
The Landlord testified that he has moved to Ontario from British Columbia, works remotely, and intends to live in the unit for at least one year with his family.
Procedural Errors
The Landlord initially failed to disclose a previous N12 notice in the application, but this was later amended and found not to be prejudicial to the Tenant.
Tenant
Arguments
The Tenant argued that the Landlord's intention was to re-rent or sell the unit at an increased amount, not to move in. The Tenant also claimed that ongoing maintenance problems should justify mandatory refusal of eviction.
Actions
The Tenant raised maintenance issues and alleged that the Landlord issued the N12 in bad faith as a response to these complaints.
Decision Summary
The tenancy is terminated effective February 28, 2023. The Tenant must pay the Landlord $4,403.90 for compensation of use of the unit from March 31, 2022 to August 22, 2022, less the rent deposit and interest. The Tenant must also pay $39.45 per day from August 23, 2022 until move-out. If the Tenant does not vacate by February 28, 2023, the Landlord may file for eviction enforcement.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,200
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$64
Other Owed Amount
$5,668
Daily compensation for use and occupation from March 31, 2022 to August 22, 2022
Total Owing
$4,404 (Owed to Landlord)
Source
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