Landlord Wins Personal Use Case: Peyda v Todd 2021
Scarborough landlord successfully evicts tenant to allow his elderly mother to occupy the unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 137 Toynbee Trail, Scarborough, ON M1E1G5
Decision in favor of
landlord
Balance Owed to Landlord
$3,235
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Oct 20, 2021
Tenancy End Date
Nov 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord's parent requires possession of the rental unit for residential occupation.
Determinations
- Landlord served valid N12 Notice
- Landlord's mother requires the rental unit for residential occupation for at least one year
- Landlord acted in good faith
- Tenant did not provide convincing evidence of bad faith
- Termination date of November 30, 2021 is appropriate considering both parties' circumstances
Case Study
The Landlord has established on a balance of probabilities that the Landlord's mother genuinely intends to move into the rental unit and live there for at least one year. Therefore, the Landlord in good faith requires possession of the rental unit for a period of at least one year. While the Tenant disputes the good faith of the Landlord and his mother, the Tenant did not provide any convincing evidence to support that the Landlord was evicting him in bad faith or that the Landlord intends to re-rent the unit for more rent.
Arguments and Actions
Landlord
Arguments
Landlord has established that his mother genuinely intends to move into the rental unit and live there for at least one year, and therefore the Landlord in good faith requires possession of the rental unit for a period of at least one year.
Actions
Landlord testified that his 73-year-old mother, who has had two heart attacks in the last 2 years and has been advised that she requires assistance, intends to occupy the basement unit. Landlord submitted a letter from his mother's family doctor stating that she requires constant care and treatment.
Tenant
Arguments
Tenant believes the Landlord is simply trying to evict him to re-rent the unit for more rent.
Actions
Tenant disputes the good faith of the Landlord and his mother. Tenant states that since the Landlord purchased the property and assumed his tenancy, their relationship has not been well. Tenant alleges that towards the end of May 2021, the Landlord began to shout and yell at him for making too much noise and doing laundry so early during the day, and a few days later, the Tenant was served with the N12 Notice.
Decision Summary
The tenancy is terminated effective November 30, 2021. The Tenant must move out of the rental unit on or before November 30, 2021. The Tenant shall pay the Landlord $3,195.45 for compensation for the use of the unit from August 1, 2021 to October 20, 2021, and $39.45 per day for compensation for the use of the unit from October 21, 2021 to the date the Tenant moves out. If the Tenant does not pay the full amount owing by October 31, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Damages
$3,195
Other Owed Amount
$39
Compensation for use of unit from October 21, 2021 to move-out date
Total Owing
$3,235 (Owed to Landlord)
Source
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