Landlord Wins Personal Use Case: Lao v Liu 2021
Markham landlord evicts tenant for personal use, tenant ordered to pay $1379
Summarized by RentZenLast updated: July 26, 2024
Case Summary
223 Risebrough Circuit, Markham, ON L3R3J3
Decision in favor of
landlord
Balance Owed to Landlord
$1,379
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2021
Order Date
Oct 4, 2021
Tenancy End Date
Nov 2021
Dispute Summary
Landlord 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. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord paid Tenant one month's rent compensation on July 2, 2021
- Landlord filed declarations from persons certifying they intend to move into the rental unit
- Landlord's son testified that the Landlord needs more room and intends to move into the rental unit with him to take care of the Landlord's deteriorating medical conditions
- Landlord's attempt to illegally increase rent in 2020 does not indicate lack of good faith
- Landlord's consideration of selling the property was abandoned due to financing issues
- Landlord owning other properties does not affect good faith requirement
Case Study
The Landlord has satisfied the 'good faith' requirement set out in subsection 48(1) of the Residential Tenancies Act, 2006. The Landlord sincerely intends to occupy the rental unit.
Arguments and Actions
Tenant
Arguments
Tenant argues Landlord is not acting in good faith because Landlord has other properties that could be used for residential occupation.
Actions
Tenant asserts Landlord is not acting in good faith because Tenant was told to move out when she refused an illegal rent increase in 2020, and was also told the property would be sold but that never happened.
Decision Summary
The tenancy is terminated effective November 4, 2021. The Tenant must move out by that date. The Tenant must pay the Landlord $1,379.28, which includes compensation for use of the unit and the application filing fee. If the Tenant does not pay the full amount by October 15, 2021, the Tenant will owe interest starting October 16, 2021.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Application Fee
$186
Damages
$1,175
Other Owed Amount
$18
Compensation for use of unit from October 5, 2021 to move-out date
Total Owing
$1,379 (Owed to Landlord)
Source
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