Landlord Wins Personal Use Case: Jung v Ezeard 2023
LTB Rules on Etobicoke Personal Use Case: Jung v Ezeard
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 102 Dixon Rd, Etobicoke, ON M9P2L6
Decision in favor of
landlord
Balance Owed
$0
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Feb 16, 2023
Tenancy End Date
Aug 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's good faith requirement of the rental unit for residential occupation by the Landlord's son for at least one year.
Determinations
- Landlord requires unit for personal use by son
- Landlord served valid N12 Notice
- No last month's rent deposit
- Tenant has been living in unit for 8 years
- Tenant requested until August 31, 2023 to move out
- Tenant up to date on rent as of hearing date
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Tenant was in possession of the rental unit on the date the application was filed. The Landlord gave the Tenant an N12 notice of termination with the termination date of June 30, 2022, and the Landlord claims that she requires vacant possession of the rental unit for the purpose of residential occupation by her son, Norman Lin. Based on the evidence, the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation by her son for a period of at least one year. The Landlord compensated the Tenant an amount equal to one month's rent, and the Tenant accepted the payment during the hearing. Considering all the disclosed circumstances, it would not be unfair to postpone the eviction until August 31, 2023.
Arguments and Actions
Landlord
Actions
Landlord's son, Norman Lin, testified that he intends to move into the rental unit because he is planning to retire this year and he would like to have privacy and quiet.
Tenant
Actions
Tenant believes Landlord's son genuinely intends to move into the rental unit, and requested to have until August 31, 2023 to move out.
Decision Summary
The tenancy is terminated effective August 31, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant shall pay the Landlord compensation of $30.33 per day for the use of the unit starting February 1, 2023 until the date the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
331
Landlord Favorable
78.5%
Tenant Favorable
5.4%
Mutual Agreement
16.0%
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Financial Details
Lawful Rent
$922
Source
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