RV v MM
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Dispute Categories
Notices Sent
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Citation: RV v MM, 2018 CanLII 88518 (ON LTB)
File Number: CEL-75048-18
Timeline
Hearing Date
May 2018
Order Date
May 22, 2018
Tenancy End Date
Jul 2018
Decision
The tenancy is terminated effective July 31, 2018. The Tenant must vacate the rental unit by this date. If the unit is not vacated, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction starting August 1, 2018. The Landlord is required to waive the rent for June 2018 as compensation to the Tenant.
Dispute
Landlord applied to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation by the Landlord's son.
Determinations
- Landlord served valid N11 and N12 notices
- Landlord's son AV requires possession of the unit for personal use
- Landlord's intention to have AV occupy the unit is in good faith
- Tenant has been a long-standing tenant for over 5 years
- Eviction postponed to July 31, 2018 to provide Tenant sufficient time to vacate
Landlord's Arguments
Actions and Evidence
Landlord's son AV testified about his intention to move into the rental unit for at least one year to be closer to his place of employment in Toronto.
Tenant's Arguments
Arguments
Tenant submitted case authorities and previous Board orders to argue against the Landlord's good faith.
Actions and Evidence
Tenant contested the Landlord's good faith intention to have his son occupy the rental unit.
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