Landlord Wins Personal Use Case: Miller v Arguelles 2023
Scarborough tenants evicted for landlord's personal use, owe $20 to landlord for interest on rent deposit
Summarized by RentZenLast updated: July 22, 2024
Case Summary
944 Premier Rd, North Bay, ON P1A2H5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2022
Hearing Date
Mar 2023
Order Date
Mar 31, 2023
Tenancy End Date
Sep 2023
Dispute Summary
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.
Determinations
- Landlord compensated Tenant for one month's rent
- Landlord in good faith requires unit for child's residential occupation for at least one year
- Landlord owes Tenant $20.05 for interest on last month's rent deposit
- Landlord served valid N12 Notice
- Tenant has right to file T5 application within one year of vacating if Suzanne Miller does not move in
- Tenant owes daily compensation from September 1, 2022 to March 9, 2023, but no compensation is owing as Tenant is up to date on rent
Case Study
The N12 Notice was valid at the time it was given to the Tenant as it was served by the Landlord/owner of the unit to allow for residential occupation by her child. The fact that the Landlord/owner has subsequently passed away is not a circumstance that causes the N12 Notice to become invalid. All the representatives of the Landlord's estate, the current owner of the rental unit, are in support of this application. The fact that John Miller was also named on the N12 Notice and is the sibling of the person who intends to move into the rental unit does not cause the N12 Notice to be defective as the owner of the unit was also named on the N12 Notice.
Arguments and Actions
Landlord
Arguments
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.
Procedural Errors
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
Arguments
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.
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,306
Rent Deposit
$1,200
Deposit Interest
$95
Source
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