Liang v Sui: Personal Use Eviction in Scarborough, ON M1W2Z2
Scarborough landlord wins personal use eviction case, tenant ordered to vacate
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 76 Glencoyne Crescent, Scarborough, ON M1W2Z2
Decision in favor of
landlord
Balance Owed to Landlords
$601
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2021
Order Date
Jan 5, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlords require possession of the rental unit for residential occupation by their daughter. The Landlords served an N12 Notice of Termination and paid compensation equal to one month's rent to the Tenant.
Determinations
- Interest on rent deposit owed to Tenant
- Landlords established good faith intention for family member occupation
- Landlords paid compensation equal to one month's rent
- Landlords served valid N12 Notice on August 26, 2021
- Lawful monthly rent is $500.00
- Rent deposit of $500.00 held by Landlords
Case Study
The Landlords successfully established their good faith intention to have their daughter occupy the rental unit for at least one year, as required by section 48(1) of the Residential Tenancies Act, 2006. The Tenant's argument about the Landlord's name discrepancy was dismissed. To overturn this decision, the Tenant would need to provide evidence that the Landlords do not genuinely intend to have their daughter occupy the unit or that the daughter does not intend to live there for at least one year.
Arguments and Actions
Landlord
Arguments
Landlords' representative explained the cultural context of name variations to address the Tenant's argument about name discrepancies.
Actions
Landlords provided affidavits from themselves and their daughter stating the intention for the daughter to occupy the rental unit for at least one year.
Tenant
Arguments
The Tenant claimed that the Landlord's improper legal name on documents should result in dismissal of the application.
Actions
Tenant argued that the Landlord's name was not properly written on the documents, attempting to have the application dismissed on this basis.
Decision Summary
The tenancy is terminated effective February 28, 2022. The Tenant must pay $600.97 to the Landlords for compensation of unit use, plus $16.44 per day from January 6, 2022 until move-out. The Tenant must vacate the unit by February 28, 2022, or face eviction by the Sheriff starting March 1, 2022.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$500
Rent Deposit
$500
Other Owed Amount
$601
Compensation for use of unit from October 31, 2021 to January 5, 2022, less rent deposit and interest
Total Owing
$601 (Owed to Landlords)
Source
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