Landlord Wins Personal Use Case: Li v McMahon 2023
LTB Rules on $11673 Personal Use Dispute: Li v McMahon Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
42 Miley Dr, Markham, ON L3R4V3
Decision in favor of
landlord
Balance Owed to Landlord
$11,673
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jan 2023
Order Date
May 30, 2023
Tenancy End Date
Jun 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 the purpose of residential occupation for at least one year by the Landlord's parents.
Determinations
- Landlord compensated Tenant one month's rent
- Landlord holds $2,000 rent deposit, with $134.27 interest owed to Tenant
- Landlord requires unit for parents' residential occupation for at least one year
- Landlord served valid N12 Notice
- Last month's rent deposit to be applied to last month's rent
- Tenant owes $13,808.22 in daily compensation from June 30, 2022 to January 25, 2023
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Tenant did not attend the hearing to present evidence or submissions in support of granting relief from eviction.
Decision Summary
The tenancy is terminated effective June 10, 2023. The Tenant must move out by that date. If the unit is not vacated, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant must pay the Landlord $11,673.95, which represents compensation for use of the unit from June 30, 2022 to January 25, 2023, less the rent deposit and interest owed on the deposit. The Tenant must also pay the Landlord $65.75 per day for use of the unit from January 26, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
331
Landlord Favorable
78.5%
Tenant Favorable
5.4%
Mutual Agreement
16.0%
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Financial Details
Lawful Rent
$2,000
Rent Deposit
$2,000
Deposit Interest
$134
Other Owed Amount
$11,673
Compensation for use of unit from June 30, 2022 to January 25, 2023, less rent deposit and interest
Total Owing
$11,673 (Owed to Landlord)
Source
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