Landlord Regains Possession in Milner v Greenhalgh LTB Case: Milner v Greenhalgh 2022
Landlord Regains Possession in Hamilton Personal Use Eviction
Summarized by RentZenLast updated: July 22, 2024
Case Summary
35 Keith Street, Hamilton, ON L8L3R9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Tenancy End Date
May 2022
Hearing Date
Jun 2022
Order Date
Jul 6, 2022
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.
Determinations
- Landlord became aware Tenant vacated the rental unit on May 17, 2022
- Landlord sent letter to Tenant requesting she pick up remaining items, but Tenant failed to do so
- Tenancy terminated on May 17, 2022
- Tenant left some belongings in the unit, but had removed all other belongings
- Tenant testified she started removing belongings on April 1, 2022 and did not finish before Landlord changed locks
- Tenant was in possession of the rental unit on the date the application was filed
- Tenant was unaware she left any items in the unit, showing she intended to completely vacate
Case Study
The Tenant was in possession of the rental unit on the date the application was filed. The Landlord became aware that the Tenant vacated the rental unit when she was informed by a neighbour on May 17, 2022. The Tenant left some belongings in the unit, but had removed all other belongings. The Landlord sent a letter to the Tenant requesting that she picks up the remaining items, but the Tenant failed to do so. The Tenant testified that she started removing her belongings from the rental unit on April 1, 2022 and did not finish before the Landlord changed the locks. The Tenant also stated that she was unaware that she left any items in the unit. The Tenant's own admission shows that she intended to completely vacate the rental unit, and the tenancy terminated on May 17, 2022.
Arguments and Actions
Tenant
Actions
Tenant started removing belongings on April 1, 2022 and did not finish before Landlord changed locks. Tenant was unaware she left any items in the unit.
Decision Summary
The tenancy is terminated as of May 17, 2022, the date the Tenant gave vacant possession of the rental unit to the Landlord.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
Need assistance from an expert?
Sponsored
Financial Details
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.