Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$9,665
to Landlord
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Citation: Kahale v Comber, 2023 ONLTB 14132
File Number: LTB-L-001043-21
Application Date
Dec 2021
Hearing Date
Dec 2022
Order Date
Jan 10, 2023
Tenancy End Date
Jan 2023
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.
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.
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's representative argued that using the rental unit as a home office does not constitute residential occupation.
Tenant disputed Landlords' intentions and alleged they plan to use the unit for short-term rentals, but provided no evidence.
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Lawful Rent
$1,050
Other Amount
$9,665
Compensation for use and occupation of unit from March 1, 2022 to December 5, 2022
Ordered Amount
$9,665 (to Landlord)
Click to switch between order outcomes
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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