Lemos v Gomes: Landlord's Personal Use Eviction in York, ON
LTB Upholds Landlord's Personal Use Eviction in York, ON
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 568 Rogers Rd, York, ON M6M1B6
Decision in favor of
landlord
Balance Owed to Landlord
$9,191
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Mar 2023
Order Date
Jun 21, 2023
Tenancy End Date
Jul 2023
Dispute Summary
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.
Determinations
- Landlord in good faith requires possession for residential occupation
- Landlord provided compensation equal to one month's rent
- Landlord served valid N12 Notice
- Tenant must pay compensation for use of unit after termination date
- Tenant was aware of N12 within required time period
Case Study
The Tenant could have potentially turned the decision around by providing clear evidence that they did not receive the N12 notice or by demonstrating that the Landlord's claim of requiring the unit for personal use was not in good faith. However, the Landlord's witness testimony and the Tenant's actions (returning compensation cheques) supported the Landlord's case.
Arguments and Actions
Landlord
Arguments
Landlord argued good faith intention to occupy the unit due to work requirements and health issues.
Actions
Landlord provided compensation equal to one month's rent. Landlord fixed the dryer when Tenant complained about it.
Tenant
Arguments
Tenant claimed they never received the N12 Notice and suggested previous notices (N5s, N6, N7, N13) pointed to bad faith.
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$1,391
Other Owed Amount
$9,191
Compensation for use of unit from September 1, 2022 to March 20, 2023
Total Owing
$9,191 (Owed to Landlord)
Source
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