Landlord Wins Personal Use Case: Lee v Wellington 2024
Toronto tenants evicted for landlord's personal use, ordered to pay $24815 in compensation
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 1067 Davenport Rd, Toronto, ON M6G2C2
Decision in favor of
landlord
Balance Owed to Landlord
$24,815
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Jan 31, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served valid N12 Notice
- Landlord has entered into an agreement of purchase and sale of the residential complex
- Purchaser in good faith requires possession of the rental unit for the purpose of residential occupation
- Landlord compensated Tenants one month's rent
- Landlord has given notice under section 48, 49 or 50 of the Act within two years prior to filing this application
- Tenants were in possession of the rental unit on the date the application was filed
- Lawful monthly rent is $1,700.00
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Tenants led insufficient evidence to support the proposition of a fraudulent arrangement between the Landlord and the purchaser.
Arguments and Actions
Tenant
Arguments
Tenants do not accept the authenticity of the agreement of purchase and sale and do not believe that the purchaser intends to move into the rental unit. Both the Landlord and the purchaser have acted in bad faith.
Decision Summary
The tenancy is terminated effective February 15, 2024. The Tenants must move out of the rental unit on or before February 15, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenants shall pay the Landlord $24,815.34 in compensation for use and occupation of the unit from November 1, 2022 to January 18, 2024, and an additional $55.89 per day starting January 19, 2024 until the date the Tenants move out.
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
Lawful Rent
$1,700
Rent Deposit
$1,700
Other Owed Amount
$24,815
Compensation for use and occupation of the rental unit from November 1, 2022 to January 18, 2024
Total Owing
$24,815 (Owed to Landlord)
Source
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