Landlords Regain Possession for Personal Use: Rashminder Paul Soor and Sukdeep Kaur Soor v Viana Betzoo
Landlords Regain Rental Unit for Personal Use: Rashminder Paul Soor and Sukdeep Kaur Soor v Viana Betzoo
Summarized by RentZenLast updated: July 22, 2024
Case Summary
19 Madonna Gardens, North York, ON M9L2T5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Nov 2021
Order Date
Feb 14, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant because the Landlords require possession of the rental unit for the purpose of residential occupation by the Landlords and a parent of the Landlord.
Determinations
- Landlord served valid N12 Notice
- Landlords filed required declarations
- Landlords provided required compensation
- Landlords require unit for personal use
- Tenant did not move out by termination date
Case Study
The technical requirements for granting an application under section 48 of the Residential Tenancies Act, 2006 were met. The Landlords filed the required declarations and provided the required compensation to the Tenant. The Tenant disputed the Landlords' good faith intentions, but based on the totality of the evidence, the Landlord's need for the unit for personal use was found to be reasonable.
Arguments and Actions
Landlord
Actions
The Landlords testified that they live in the upper level of the complex with their two children and the Landlord's mother, and they require the lower basement unit for their collective personal use to accommodate the children's need for separate bedrooms.
Tenant
Arguments
The Tenant disputed the Landlords' good faith intentions for requiring possession of the rental unit.
Actions
The Tenant disputes the Landlords' good faith intentions for moving into the basement unit due to the layout and stairs, as well as previous discussions about the Landlord selling the property.
Decision Summary
The tenancy is terminated effective February 28, 2022. The Tenant must move out by that date. The Tenant shall pay the Landlord $49.97 per day for use of the unit until the Tenant moves out. If the unit is not vacated by February 28, 2022, the Landlord may file the order with the Court Enforcement Office for enforcement starting March 1, 2022.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Rent Deposit
$1,520
Source
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