KP v SK

Last updated: July 30, 2024

Order

Ordered by ,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: October 27, 2017
Contested Dispute

Decision in favor of

Landlord

Notices Sent

Non-payment of rent (L1)Substantial Interference (N5)Personal Use (N12)
ContentionModerate

Agree with the ruling?

Citation: KP v SK, 2017 CanLII 93892 (ON LTB)

File Number: CEL-69750-17

Timeline

Hearing Date

Oct 2017

1 days

Order Date

Oct 27, 2017

11 days

Tenancy End Date

Nov 2017

Decision

The tenancy is terminated effective November 7, 2017. The Tenant must pay the Landlord $5,687.25 plus $62.47 per day starting October 28, 2017. If the Tenant pays $5,890.00 by October 31, 2017 or $7,790.00 by November 7, 2017, the eviction order can be voided and the tenancy can continue until December 31, 2017.

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Dispute

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent, substantial interference, and the Landlord's need for personal use of the rental unit.

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Determinations

  • Tenant did not dispute rent owing of $5,700.00 to October 31, 2017
  • Tenant did not pay rent from August 1, 2017 to October 31, 2017
  • Landlord served valid N4 Notice
  • Landlord's in-laws have genuine intention to occupy the rental unit
  • Tenant given reasonable opportunity to find alternate accommodations
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Landlord's Arguments

Tenant's Arguments

Arguments

Tenant argued the Landlord's in-laws have not resided in the rental unit for two years and should have assimilated to their new community.

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Actions and Evidence

Tenant disputed the Landlord's in-laws' intention to occupy the rental unit and believed the N12 notice was served due to the Tenant's refusal to agree to a rent increase.

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