Landlord Wins Eviction Case: McGee v Turner 2021
Landlord regains possession of Stirling-Rawdon rental unit for purchaser's residential occupation
Summarized by RentZenLast updated: July 26, 2024
Case Summary
445 Salem Road, Stirling-Rawdon, ON K0K3E0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jun 2020
Hearing Date
Aug 2021
Order Date
Dec 29, 2021
Tenancy End Date
Jan 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Landlord's need to regain possession of the rental unit for residential occupation by the purchaser of the property.
Determinations
- Only Jean Turner is the Tenant, not the other named co-tenants
- Landlord narrowed the L2 application to remove the claim for undue damage
- Landlord served valid N12 notice on January 19, 2021 with termination date of March 31, 2021
- Landlord provided evidence that the property sale closed on May 16, 2021
- Landlord provided evidence that the purchaser, the Sarles family, requires possession of the rental unit for residential occupation
- Landlord made reasonable efforts to pay the one-month compensation to the Tenant, but the Tenant refused to accept it
Case Study
The Landlord served a valid N12 notice on the Tenant, and the purchaser of the property, the Sarles family, requires possession of the rental unit for residential occupation. The Landlord has provided the required affidavit evidence to support the application. While the Tenant argued that the Landlord did not properly provide the one-month compensation, the evidence showed the Landlord made reasonable efforts to pay the compensation, but the Tenant refused to accept it. Therefore, the Landlord has met the requirements under the Act to terminate the tenancy.
Arguments and Actions
Landlord
Arguments
The Landlord argued that he had satisfied the requirement to provide one-month's compensation to the Tenant.
Actions
The Landlord testified that at the time the N12 notice was served, the Tenant owed approximately $15,000 in rent arrears, and that he told the Tenant and her brother that $1,000 was deducted from the amount owing.
Tenant
Arguments
The Tenant argued that the Landlord did not properly provide the one-month compensation as required under the Act.
Actions
The Tenant was in rent arrears at the time the N12 notice was served, but paid the March 2021 rent. The Tenant denied being told by the Landlord about a $1,000 credit for one-month's rent compensation.
Decision Summary
The tenancy is terminated effective January 14, 2022. The Tenant must vacate the rental unit by that date. The Tenant shall pay the Landlord $32.88 per day for compensation for use of the unit from December 31, 2021 until the date they move out. If the Tenant does not pay the full amount owed by January 14, 2022, they will owe interest at 2% annually on the outstanding balance starting January 15, 2022. If the unit is not vacated by January 14, 2022, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
640
Landlord Favorable
89.4%
Tenant Favorable
4.2%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$1,000
Rent Arrears
$15,000
Source
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