Last updated: July 22, 2024
Ordered by Ian Speers,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$3,025
to Landlord
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Citation: Haye v Muhammed, 2022 CanLII 118670 (ON LTB)
File Number: TNL-35724-21
Hearing Date
Feb 2022
Order Date
Feb 18, 2022
Tenancy End Date
Mar 2022
The tenancy is terminated effective March 31, 2022. The Tenant must pay $3,024.80 for use of the unit from December 1, 2021 to February 18, 2022, plus $37.81 per day until move-out. These amounts are offset against rent paid for the same period. If the Tenant doesn't vacate by March 31, 2022, the Landlord may file for eviction enforcement starting April 1, 2022.
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for personal use. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Landlord submitted an affidavit with her application that she in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year.
Landlord purchased the rental unit in 2021 subsequent to her divorce, so that she might live there with her two children. Landlord had to sell her previous house subsequent to a divorce in October 2021, and has spent recent months living with her parents, along with many other members of her extended family. She shares a room with her two children.
Tenant raised issues relating to the current maintenance of the kitchen, specifically ongoing issues with kitchen cabinets and an uninstalled countertop.
Tenant has lived in the rental unit for 11 years. Tenant indicated that the combination of his current employment situation and increased market rents is making it challenging for him to find alternate accommodation. Tenant currently has a roommate in the rental unit. Tenant indicated having a broken ankle that impairs his mobility, though no supporting evidence was provided.
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Lawful Rent
$1,134
Other Amount
$3,025
Compensation for use of unit from December 1, 2021 to February 18, 2022
Ordered Amount
$3,025 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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