Landlord Wins Personal Use Case: Meadows v Chamberlain 2022
LTB Rules on Personal Use Eviction: Meadows v Chamberlain
Summarized by RentZenLast updated: July 22, 2024
Case Summary
206 Bel-Air Ave, Stoney Creek, ON L8E5K1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2022
Hearing Date
Sep 2022
Order Date
Sep 15, 2022
Tenancy End Date
Sep 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlord, Lucas Meadows, requires possession of the rental unit for the purpose of residential occupation for a period of at least one year.
Determinations
- Landlord Lucas Meadows filed declaration of intent to occupy unit for at least 1 year
- Landlord compensated Tenant $1,825 for February 2022 rent
- Landlord filed L2 application based on N12 notice served on 2022-01-25 with termination date of 2022-03-31
- Landlord has not given any other termination notices in the past 2 years
- No last month's rent deposit
- Tenant is in possession of the rental unit
- Tenant purchased home in Alberta in October 2021 and intends to move there
- This is a month-to-month tenancy with rent due on the 1st of each month at $1,825
Case Study
The Landlord's testimony was found to be credible, as Mr. Lucas Meadows indicated his genuine intent to move into the rental unit. The Tenant testified she intends to move to her home in Alberta, as soon as she is able to address her medical needs in Ontario. The Tribunal considered all the disclosed circumstances and found that it would not be unfair to grant relief from eviction, as the Tenant requires some additional time to find an alternative residence and pursue her medical needs.
Arguments and Actions
Tenant
Actions
Tenant testified she purchased a home in Alberta in October 2021 and intends to move there, after addressing some medical challenges while in Ontario.
Decision Summary
The tenancy between the Landlords and the Tenant is terminated. The Tenant must move out of the rental unit on or before September 30, 2022. If the unit is not vacated by that date, the Landlords may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced on or after October 1, 2022.
Adjudicator Details
LTB Member
Total Orders
122
Landlord Favorable
90.2%
Tenant Favorable
9.0%
Mutual Agreement
0.8%
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Financial Details
Lawful Rent
$1,825
Source
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