Haye v Muhammed: Personal Use Eviction in Etobicoke, ON M9R1T4
Personal Use Eviction Case: Haye v Muhammed in Etobicoke
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 390 Dixon Road, Etobicoke, ON M9R1T4
Decision in favor of
landlord
Balance Owed to Landlord
$3,025
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2022
Order Date
Feb 18, 2022
Tenancy End Date
Mar 2022
Dispute Summary
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.
Determinations
- Landlord paid compensation equal to one month's rent on October 7, 2022
- Landlord proved good faith intention to occupy the rental unit
- Landlord served valid N12 Notice on September 10, 2021
- Tenant's maintenance issues were not serious enough to bar the application
- Termination date postponed to March 31, 2022 for relief from eviction
Case Study
The Landlord's application was successful as they proved good faith intention to occupy the rental unit. The Tenant's request for relief from eviction was partially granted, with the termination date postponed to March 31, 2022. The Tenant could have potentially challenged the Landlord's good faith more substantively or provided stronger evidence of their circumstances to potentially extend the termination date further.
Arguments and Actions
Landlord
Arguments
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.
Actions
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
Arguments
Tenant raised issues relating to the current maintenance of the kitchen, specifically ongoing issues with kitchen cabinets and an uninstalled countertop.
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
563
Landlord Favorable
79.9%
Tenant Favorable
5.2%
Mutual Agreement
14.9%
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Financial Details
Lawful Rent
$1,134
Other Owed Amount
$3,025
Compensation for use of unit from December 1, 2021 to February 18, 2022
Total Owing
$3,025 (Owed to Landlord)
Source
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