Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Application Date
Jul 2022
Hearing Date
Mar 2023
Order Date
Mar 31, 2023
Tenancy End Date
Sep 2023
The tenancy is terminated effective September 30, 2023. The Tenant must move out of the rental unit on or before September 30, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced starting October 1, 2023. The Tenant shall pay the Landlord daily compensation for use of the unit from March 10, 2023 until the Tenant moves out, with any rent payments made by the Tenant from March 1, 2023 and the $20.05 the Landlord owes the Tenant for interest on the rent deposit to be deducted from the amount owing.
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 child.
Landlord's Legal Representative submitted that all material facts of the case remain the same as when the N12 Notice was served. John Miller is still one of the Landlords and the occupant identified in the N12 is still the person intending to move in. The passing of Anne Miller does not change the material facts that Anne Miller wanted her daughter to occupy the rental unit and that's why the N12 was served.
The Landlord's Legal Representative submitted that on the L2 application the Landlord failed to include a prior N12 Notice served on the Tenant on March 14, 2022, with a termination date of May 31, 2022.
Tenant's Legal Representative submitted that the N12 Notice does not comply with section 48(1) as Ann Miller has passed away. The other named Landlord, John Miller, is a sibling of the person who intends to occupy the rental unit and section 48(1) does not allow a landlord to serve an N12 notice of termination for a sibling.
Tenant testified that she has never met Anne Miller and only dealt with John Miller. Tenant also testified that she does not believe Suzanne Miller will be residing at the rental unit because there have been instances where the Landlord has come with real estate agents with an intention to sell the rental unit.
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