Landlord Wins Personal Use Case: Kahale v Comber 2023
Landlords in Markham evict tenant for personal use, tenant owes $9665 in compensation
Summarized by RentZenLast updated: July 22, 2024
Case Summary
16 Queensgate Court, Markham, ON L3R8L5
Decision in favor of
landlord
Balance Owed to Landlord
$9,665
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2021
Hearing Date
Dec 2022
Order Date
Jan 10, 2023
Tenancy End Date
Jan 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlords require unit for personal use for at least 1 year
- Landlords served valid N12 Notice
- Tenant was in possession on application date
Case Study
The Landlords have proven on a balance of probabilities the grounds for termination of the tenancy. The Landlords genuinely intend to use the rental unit for residential occupation for at least one year.
Arguments and Actions
Landlord
Actions
Landlords testified they require the full use of their home and intend to use the basement rental unit for each of them to have a separate home office, as their situation has changed due to COVID-19 and they now permanently work from home.
Tenant
Arguments
Tenant's representative argued that using the rental unit as a home office does not constitute residential occupation.
Actions
Tenant disputed Landlords' intentions and alleged they plan to use the unit for short-term rentals, but provided no evidence.
Decision Summary
The tenancy is terminated effective January 31, 2023. The Tenant must move out by this date. If the unit is not vacated by January 31, 2023, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenant must pay the Landlords $9,665.75 in compensation for use and occupation of the unit from March 1, 2022 to December 5, 2022, and an additional $34.52 per day from December 6, 2022 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
211
Landlord Favorable
96.7%
Tenant Favorable
1.4%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$1,050
Other Owed Amount
$9,665
Compensation for use and occupation of unit from March 1, 2022 to December 5, 2022
Total Owing
$9,665 (Owed to Landlord)
Source
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