Landlord Wins Personal Use Case: Kumar v Hashemi 2022
Maple landlord granted eviction for own use, tenant given 6-month extension due to disability
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 28 La Cassandra Drive, Maple, ON L6A3X4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2021
Application Date
Oct 2021
Hearing Date
Feb 2022
Order Date
Mar 7, 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord has not had any issues with Tenant's rent payments
- Landlord paid Tenant one month's rent as compensation
- Landlord requires unit in good faith for personal residential occupation
- Rental unit is a single-family home with Tenant occupying the basement and Landlord living in the upper unit
- Tenancy began around 2010, Tenant is in possession
- Tenant cashed compensation cheque
- Tenant is receiving ODSP support and requires wheelchair, limiting housing options
Case Study
The Landlord served a valid N12 notice and demonstrated a good faith need for the rental unit for personal use. The Tenant acknowledged the Landlord's right to the unit but requested a delay in eviction to find alternative accommodation.
Arguments and Actions
Landlord
Actions
Landlord requires the lower unit for personal use due to a promotion and need for a dedicated office space.
Tenant
Arguments
Tenant did not think the Landlord served the N12 notice in bad faith.
Actions
Tenant acknowledged Landlord's right to the unit but requested a delay in eviction to find alternative accommodation.
Decision Summary
The tenancy is terminated effective August 31, 2021, but the eviction is postponed until July 31, 2022 to allow the Tenant more time to find alternative accommodation.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
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