Landlord Wins Personal Use Case: Loiselle v Gadjansky 2022
Landlord wins personal use eviction case in Ottawa, tenants given until May 31 to vacate
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1401 Palmerston Drive, Ottawa, ON K1J8N9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2021
Order Date
Jan 11, 2022
Tenancy End Date
May 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation by his child.
Determinations
- Landlord paid one month's rent compensation
- Landlord served valid N12 Notice
- Landlord's son genuinely intends to occupy unit
- Tenancy terminated effective May 31, 2022
Case Study
The Landlord's son, Simon Loiselle, provided credible testimony that he genuinely intends to occupy the rental unit for at least one year. The Tenants' speculation about the Landlord's motives was not sufficient to undermine the finding of good faith. While the Tenants faced some difficulty finding a new rental unit, the inconvenience to the Landlord's son of delaying the termination date by an additional month did not rise to the level of unfairness.
Arguments and Actions
Tenant
Arguments
Tenants argued that the real reason for the termination was to increase the rent to market rate, rather than the Landlord's stated intention for his son to occupy the unit.
Actions
Tenants have been looking for a new rental unit, with some difficulty due to the low rent they have been paying.
Decision Summary
The tenancy is terminated effective May 31, 2022 as the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation by his child. The Tenants must vacate the unit by May 31, 2022, and if they do not, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
563
Landlord Favorable
79.9%
Tenant Favorable
5.2%
Mutual Agreement
14.9%
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Financial Details
Lawful Rent
$1,200
Source
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