Landlord Wins Personal Use Case: Kunam v Hoffarth 2024
Bolton tenant must vacate by June 30, 2024 as landlord requires unit for personal use
Summarized by RentZenLast updated: August 6, 2024
Case Summary
61 Headwater Rd, Bolton, ON L7E2W4
Decision in favor of
landlord
Balance Owed to Tenant
-$2,433
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Apr 2024
Order Date
May 3, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Rental period start-date was the 14th of each month
- Landlord established grounds for termination under N12
- Landlord requires unit for own residential occupation
- Landlord acted in good faith
Case Study
The Tenant raised a preliminary issue regarding the validity of the N12 notice, arguing that the rental period began on the 14th of each month. The Landlord asserted the rental period began on the 15th. After considering the evidence, the Adjudicator found that the initial rental period start-date of the 14th of the month was agreed upon by the parties at the outset of the tenancy and never changed. The Landlord established the grounds for termination of the tenancy under the N12 application.
Arguments and Actions
Landlord
Arguments
Landlord argued he requires possession of the rental unit in good faith for the purpose of residential occupation for at least one year.
Actions
Landlord testified he owns a gas station business and needed to move into the rental unit for his own residential occupation due to financial difficulties with his business.
Tenant
Arguments
Tenant argued the N12 notice was defective and invalid because the rental period began on the 14th of each month, not the 15th as stated in the notice.
Actions
Tenant raised a preliminary issue regarding the validity of the N12 notice, arguing the rental period began on the 14th of each month.
Decision Summary
The tenancy is terminated effective June 30, 2024. The Tenant must vacate the unit by that date. If the Tenant does not vacate, the Landlord may file the order with the Sheriff for enforcement starting July 1, 2024. The Tenant owes the Landlord daily compensation of $69.04 starting March 27, 2024 until the Tenant vacates, less the amount of the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
640
Landlord Favorable
89.4%
Tenant Favorable
4.2%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$2,100
Rent Deposit
$2,100
Deposit Interest
$333
Total Owing
-$2,433 (Owed to Tenant)
Source
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