Jeyapalan v Hoffman: Personal Use Eviction in Brampton, ON
Personal Use Eviction Granted in Brampton: Jeyapalan v Hoffman LTB Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 53 Valleycreek Drive, Brampton, ON L6P2E2
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2021
Order Date
Jan 17, 2022
Tenancy End Date
Feb 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
- Eviction delayed to February 28, 2022 under Section 83 relief
- Landlord demonstrated good faith requirement for personal use
- Landlord met 60-day notice requirement
- Landlord provided declaration as required
- Landlord provided one month's compensation
- Landlord served valid N12 Notice
Case Study
The Tenant could have challenged the Landlord's good faith requirement more effectively by providing concrete evidence of the Landlord's alleged attempts to raise rent or search for a senior's residence. The Tenant could also have presented evidence of their own circumstances and hardship to potentially receive a longer extension under Section 83 relief.
Arguments and Actions
Landlord
Arguments
The Landlord argued that he requires possession of the rental unit in good faith for personal use, citing medical needs and family circumstances.
Actions
The Landlord's spouse passed away in November 2020. The Landlord has a medical condition requiring daily supervision. The Landlord intends to move into the rental unit to allow his daughter and her family to move into the larger upper unit.
Tenant
Arguments
The Tenant argued that the Landlord's intent was not genuine and was motivated by a desire to increase rent for the unit.
Actions
The Tenant challenged the Landlord's intent, claiming the N12 notice was served after an attempt to raise rent from $850 to $975.
Decision Summary
The tenancy is terminated as of February 28, 2022. The Tenant must move out by this date and pay $27.95 per day from January 18, 2022 until move-out. If the Tenant doesn't vacate by February 28, 2022, the Landlord may file for eviction enforcement starting March 1, 2022.
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
$850
Other Owed Amount
$28
per day compensation for use of unit from January 18, 2022 to move-out date
Source
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