Landlord Wins Personal Use Case: Kaur v Cuyacot 2023
LTB Ruling: Landlord Wins Mississauga Personal Use Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1599 Meadowfield Cres, Mississauga, ON L5M4T5
Decision in favor of
landlord
Balance Owed to Landlord
$4,392
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2022
Order Date
Feb 9, 2023
Tenancy End Date
Mar 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
- Daily compensation rate is $32.88
- Landlord compensated Tenant one month's rent
- Landlord filed required declaration
- Landlord holds $1,000 rent deposit
- Landlord served valid N12 notice
- Tenant is still in possession
- Tenant owes $5,391.78 in compensation
- Tenant was in possession on application date
Case Study
The Landlord has met all the requirements under the Act for their application. The Tenant's claim that the current living space should be enough is not a valid challenge to the Landlord's good faith intention. The Landlord has provided substantial evidence to prove the reason for their intent to occupy the basement rental unit.
Arguments and Actions
Landlord
Actions
The Landlord lives in the main and upper floor of the house with their daughter, son-in-law, and three young grandchildren. The Landlord requires the basement rental unit to have more space for the family.
Tenant
Arguments
The Tenant claims the current living space should be enough for the Landlord's family and there is no need to evict the Tenant.
Decision Summary
The tenancy is terminated, and the Tenant must move out by March 31, 2023. If the unit is not vacated by then, the Landlord may file the order with the Court Enforcement Office for eviction. The Tenant must pay the Landlord $4,391.78 in compensation for use of the unit from May 10, 2022 to October 20, 2022, less the rent deposit and interest. The Tenant must also pay $32.88 per day for use of the unit from October 21, 2022 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,000
Rent Deposit
$1,000
Other Owed Amount
$4,392
Compensation for use of unit from May 10, 2022 to October 20, 2022
Total Owing
$4,392 (Owed to Landlord)
Source
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