Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$9,191
to Landlord
Agree with the ruling?
Citation: Lemos v Gomes, 2023 ONLTB 28241
File Number: LTB-L-041756-22
Hearing Date
Mar 2023
Order Date
Jun 21, 2023
Tenancy End Date
Jul 2023
The tenancy is terminated effective July 2, 2023. The Tenant must pay $9,190.65 for use of the unit from September 1, 2022 to March 20, 2023, and $45.72 per day thereafter until vacating. The Landlord's claim of requiring the unit for personal use was found to be in good faith.
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 residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Landlord argued good faith intention to occupy the unit due to work requirements and health issues.
Landlord provided compensation equal to one month's rent. Landlord fixed the dryer when Tenant complained about it.
Tenant claimed they never received the N12 Notice and suggested previous notices (N5s, N6, N7, N13) pointed to bad faith.
Tenant insisted on paying August rent despite Landlord waiving it for compensation. Tenant wrote, 'my tenancy continues and I'm not leaving this house.' Tenant returned compensation cheques multiple times.
Need assistance from an expert?
Lawful Rent
$1,391
Other Amount
$9,191
Compensation for use of unit from September 1, 2022 to March 20, 2023
Ordered Amount
$9,191 (to Landlord)
Click to switch between order outcomes
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
