Landlord Wins Personal Use Case: Ianni v Mcmullen 2024
Oshawa landlord wins personal use case against tenant after review request denied
Summarized by RentZenLast updated: August 6, 2024
Case Summary
168 Stevenson Rd S, Oshawa, ON L1J5M2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Order Date
Jul 29, 2024
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 the purpose of 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
- Landlord established good faith intent to occupy unit
- Tenant did not provide text message evidence prior to hearing
- Order did not state Landlord could raise rent above guideline
- Order for daily compensation was appropriate
Case Study
The Tenant raised serious errors in the order, including that the hearing member erred in finding the Landlord had good faith intent to occupy the unit, the Tenant was unable to submit crucial text messages, the hearing member erred in stating the Landlord could raise rent above the guideline, and the hearing member erred in ordering the Tenant to pay daily compensation. However, the review found no serious errors were made.
Arguments and Actions
Tenant
Arguments
The Tenant restated arguments made at the hearing about why the Landlord does not in good faith require possession of the rental unit for the purpose of their son's residential occupation.
Procedural Errors
The Tenant was unable to submit crucial text messages as evidence.
Decision Summary
The request to review the order is denied. The original order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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