Landlord Wins Personal Use Eviction Case: Horton v Aho
Landlords prevail in North Bay personal use eviction case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1531 Cholette Street, North Bay, ON P1A0B2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2021
Hearing Date
Dec 2021
Order Date
Feb 18, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenants because the Landlords require possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord filed declaration of good faith intent
- Landlord paid compensation to Tenants
- Landlord served valid N12 Notice
- Tenants did not vacate by termination date
Case Study
The Landlords met the technical requirements for an application under section 48 of the Residential Tenancies Act, 2006. The Tenants' allegations in the T2 application did not meet the required standard of proof to refuse or delay the eviction.
Arguments and Actions
Tenant
Arguments
The Tenants argued the application should be dismissed based on Interpretation Guideline 7 of the LTB, which allows the Board to refuse or delay an eviction in certain circumstances.
Decision Summary
The tenancy is terminated effective February 28, 2022. If the unit is not vacated by that date, the Landlords may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Rent Deposit
$715
Source
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