Landlords Win Personal Use Eviction Case Against Tenant: Lamarche and Dashney v Pearce 2021
Landlords successfully evict tenant in Alexandria, ON for personal use of rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
92 Bishop Street S, Alexandria, ON K0C1A0
Decision in favor of
landlord
Balance Owed to Landlord
$6,981
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2020
Tenancy End Date
Nov 2020
Hearing Date
Feb 2021
Order Date
Nov 5, 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlords have entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlords have an agreement with the former Landlord to purchase the residential complex and they in good faith require possession of the rental unit for the purpose of residential occupation
- Landlords filed an affidavit sworn by the person who personally requires the rental unit certifying that the person in good faith requires the rental unit for his or her own personal use
- Landlords collected a rent deposit of $725.00 from the Tenant and this deposit is still being held by the Landlords
- Interest on the rent deposit is owing to the Tenant for the period from October 1, 2019 to November 30, 2020
- Landlord paid the Tenant compensation equal to one month's rent by waiving the monthly rent for November 2020
Decision Summary
The tenancy between the Landlords and the Tenant is terminated as of November 30, 2020. The Tenant must move out of the rental unit on or before October 31, 2021. The Tenant shall pay the Landlords $6,980.50 less any rent paid since the hearing date, which represents compensation for the use of the unit from December 1, 2020 to October 20, 2021, less the rent deposit and interest the Landlords owe on the rent deposit. The Tenant shall also pay the Landlords $23.84 per day for compensation for the use of the unit from October 21, 2021 to the date the Tenant moves out. If the Tenant does not pay the full amount owing by October 31, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
283
Landlord Favorable
85.2%
Tenant Favorable
7.8%
Mutual Agreement
7.1%
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Financial Details
Rent Deposit
$725
Other Owed Amount
$6,981
Compensation for use of unit from December 1, 2020 to October 20, 2021, less rent deposit and interest
Total Owing
$6,981 (Owed to Landlord)
Source
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