Landlord Wins Personal Use Case: Lao v Tan 2021
Markham landlord wins personal use eviction, tenants ordered to pay $1140
Summarized by RentZenLast updated: July 26, 2024
Case Summary
223 Risebrough Circuit, Markham, ON L3R3J3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
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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 Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
Determinations
- Landlord paid one month's rent compensation to Tenants on July 2, 2021
- Landlord filed declarations from persons certifying intent to move into rental unit
- Landlord's son provided credible testimony about Landlord's intention to occupy unit
- Tenants' arguments about past conduct and other properties do not negate good faith
- Eviction postponed to November 4, 2021 to allow Tenants time to find new accommodation
Case Study
The Landlord has satisfied the 'good faith' requirement under the Residential Tenancies Act, 2006 to terminate the tenancy for the purpose of residential occupation. The Landlord's son, Chun Yu Lao, provided credible testimony that the Landlord and his son intend to move into the rental unit due to the Landlord's deteriorating medical conditions. The Tenants' arguments about the Landlord's past conduct and ownership of other properties do not negate the Landlord's good faith intention.
Arguments and Actions
Tenant
Arguments
Tenants argue the Landlord's true purpose is to renovate and sell the property, not to occupy the unit in good faith.
Actions
Tenants were told to move out in 2019 when they refused a rent increase, and were told to move out again for renovations that never happened.
Decision Summary
The tenancy is terminated effective November 4, 2021. The Tenants must vacate the rental unit by that date. The Tenants must pay the Landlord $928.35 for use of the unit from August 1 to October 4, 2021, less the rent deposit, and $26.30 per day from October 5, 2021 until they move out. The Tenants must also pay the $186 application fee. If the Tenants do not pay the full amount by November 4, 2021, they will owe interest at 2% annually on the outstanding balance.
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
Lawful Rent
$928
Application Fee
$186
Rent Deposit
$928
Total Owing
$186 (Owed to Landlord)
Source
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