Landlord Wins Personal Use Case: Sherief Junny v Faten Sallam and Wael Mohammed
Mississauga tenants given until July 9 to vacate after landlord proves need for personal use
Summarized by RentZenLast updated: August 6, 2024
Case Summary
5666 Dolmite Heights, Mississauga, ON L5M7B5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2022
Hearing Date
Feb 2023
Order Date
Apr 26, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Tenants in possession on application date
- Landlord requires unit for own residential occupation for at least one year
- Landlord's explanation about why he wants to move into the rental unit is credible
- Insufficient evidence of serious breach by Landlord under Section 83 of the Act
- Eviction postponed to July 9, 2023 to allow Tenants time to find new housing
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Tenants' issues are more appropriately dealt with in a different proceeding. The Tenants are entitled to commence their own application(s) against the Landlord to seek a remedy for their issues.
Arguments and Actions
Landlord
Actions
Landlord claims he and his spouse need more space and cannot afford the condo they currently reside in. Landlord alleges Tenants have caused damage to the rental unit.
Tenant
Arguments
Tenants argue Landlord served N12 Notice in bad faith and that Landlord is in serious breach of obligations under the Act.
Actions
Tenants allege Landlord refused to address maintenance and repair issues, including mold, and that Landlord retaliated by serving N12 Notice after Tenants complained to the City about mold.
Decision Summary
The tenancy is terminated effective July 9, 2023 to allow the Tenants time to find new housing. The Landlord has proven the grounds for termination of the tenancy for personal use.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.