Huang v Pirmoradi: N12 Eviction for Purchaser's Use in Richmond Hill
LTB Ruling: N12 Eviction for Purchaser's Use in Richmond Hill
Summarized by RentZenLast updated: July 22, 2024
Case Summary
31 Glenarden Crescent, Richmond Hill, ON L4B2G6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Feb 22, 2022
Tenancy End Date
Mar 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords have entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for residential occupation.
Determinations
- Eviction date set for March 9, 2022
- Landlords entered into Agreement of Purchase and Sale
- Landlords provided one month's compensation
- Landlords served valid N12 Notice
- N12 notice met 60-day requirement
- Tenants did not dispute purchaser's need for residential occupation
Case Study
The Landlords met all legal requirements for serving the N12 notice and providing compensation. The main issue was determining the eviction date. The Board considered the Landlords' need to prepare the home for sale and the Tenants' request for more time. The Board found it unfair to postpone the eviction beyond the Landlords' proposed extended date, as the Tenants had already been given three months' notice.
Arguments and Actions
Landlord
Arguments
Landlords argued that an eviction date of March 9, 2022, would provide time to prepare the home for its eventual sale and help ensure they can deliver vacant possession to the new purchaser on April 19, 2022.
Actions
Landlords advised they would be agreeable to a termination date of March 9, 2022, being one month after the Landlord's Form N12 termination date of February 9, 2022.
Tenant
Arguments
Tenants argued they have been good tenants since November 2018 and have 2 children and parents living with them.
Actions
Tenants requested a termination date of April 15, 2022, stating they are actively seeking other accommodations and that the additional time will provide them with 'peace of mind'.
Decision Summary
The tenancy is terminated as of March 9, 2022. Tenants must move out by this date. If not vacated, Landlords may file the order with the Court Enforcement Office for eviction enforcement starting March 10, 2022. The eviction order expires on September 10, 2022, if not filed with the Sheriff by that date.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$3,577
Source
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