Landlord Wins Personal Use Case: Persaud v Poli 2022
LTB Ruling: Landlord Wins Personal Use Case in Mississauga
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 77 Hull St, Mississauga, ON L4T1C9
Decision in favor of
landlord
Balance Owed to Landlord
$2,606
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2022
Hearing Date
Sep 2022
Order Date
Dec 16, 2022
Tenancy End Date
Jan 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Eviction delayed until January 3, 2023 to allow Tenant time to find new unit
- Landlord proved good faith requirement under s.48(1) of the Act
- Landlord provided required compensation to Tenant
- Landlord served valid N12 Notice
Case Study
The Landlord established that she genuinely intends to move into the rental unit for a period in excess of one year. The Tenant's testimony that the Landlord engages in gardening does not undermine the finding that the Landlord genuinely intends to move into the rental unit. The Landlord provided the required compensation to the Tenant. While the Tenant requested a one-year postponement of the eviction, the Tribunal found that a delay until January 3, 2023 would not be unfair to the Landlord.
Arguments and Actions
Landlord
Arguments
Landlord requested the eviction take place immediately as the Tenant has had more than enough time to prepare, the Landlord has health issues of her own, and the Landlord requires the unit for her own personal use as soon as possible.
Actions
Landlord testified that this is a 2-unit property, she resides in one unit and the Tenant in the other, and she intends to move into the unit being occupied by the Tenant for more than one year because her family members will move into her current unit so they have additional space. The Landlord also testified that she is elderly, has hip and back pain as well as vision issues which limits her mobility and requires the unit as it is more accommodating.
Tenant
Arguments
Tenant requested that the eviction be postponed for a year due to his long tenancy, health issues, and busy schedule.
Actions
Tenant testified that he has been living at the rental unit for approximately 12 years and is employed and very busy. He also stated he suffers from health issues that limit his physical abilities, although no specific details were provided.
Decision Summary
The tenancy is terminated, and the Tenant must move out by January 3, 2023. The Tenant must pay the Landlord $3,418.56 for use of the unit from March 31, 2022 to September 6, 2022, less the rent deposit and interest. The Tenant must also pay the Landlord $26.76 per day for use of the unit from September 6, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by January 3, 2023, they will owe interest at 4% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Rent Deposit
$700
Deposit Interest
$112
Other Owed Amount
$3,418
Compensation for use of unit from March 31, 2022 to September 6, 2022
Total Owing
$2,606 (Owed to Landlord)
Source
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