Landlord Wins Personal Use Case: Mukhortov v De boerr 2024
Toronto tenants evicted for personal use, ordered to pay $2067 in utility costs
Summarized by RentZenLast updated: August 6, 2024
Case Summary
89 Gainsborough Rd, Toronto, ON M4L3C3
Decision in favor of
landlord
Balance Owed to Landlord
$2,067
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2023
Tenancy End Date
Jul 2024
Hearing Date
Jul 2024
Order Date
Jul 25, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date and for the Tenants' failure to pay utility costs.
Determinations
- Landlord served valid N12 notice
- Tenants vacated the rental unit on 2024-07-04
- Tenants agreed to pay 50% of utility costs
- Tenants and Landlord agreed to $200/month and later $160/month for utilities
- Tenants did not pay utilities from August 2023 to June 2024
Case Study
[reasons the losing party loses. how they can turn the decision around]
Arguments and Actions
Landlord
Arguments
Tenants were required to pay 50% of utility costs under the lease agreement.
Actions
Landlord installed safety railings due to Tenants' failure to provide proof of liability insurance, which the Tenants removed on multiple occasions.
Tenant
Arguments
Tenants and Landlord had agreed to a $160/month flat rate for utilities, which the Tenants paid.
Actions
Tenants vacated the rental unit on July 4, 2024 without paying full utility costs.
Decision Summary
The tenancy was terminated effective July 4, 2024, the date the tenants vacated the rental unit. The tenants are ordered to pay $2,067.04 to the landlord, which includes unpaid utility costs and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,378
Application Fee
$186
Other Owed Amount
$1,781
Unpaid utilities
Total Owing
$2,067 (Owed to Landlord)
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.