Landlord Wins Eviction Case: Radlo v Hie 2021
Brantford tenant must vacate rental unit by December 4 after 17-year tenancy, landlord wins personal use eviction case
Summarized by RentZenLast updated: July 26, 2024
Case Summary
475 Colborne Street, Brantford, ON N3S3N9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2021
Order Date
Nov 23, 2021
Tenancy End Date
Dec 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord has agreement of purchase and sale
- Purchaser requires unit for own use
- Landlord paid 1 month's rent to Tenant
- Landlord served valid N12 notice
- Tenant's maintenance allegations do not constitute 'serious breach'
Case Study
The Landlord has a valid agreement of purchase and sale, and the purchaser has a genuine intention to occupy the premises. The Tenant's allegations of maintenance issues do not rise to the level of a 'serious breach' that would prohibit the eviction order.
Arguments and Actions
Landlord
Arguments
Landlord has a valid agreement of purchase and sale, and the purchaser has a genuine intention to occupy the premises.
Actions
Landlord was frequently in the rental unit and aware of its condition. Landlord tried to get contractors to complete repairs ordered by the City but was unable to do so in time.
Tenant
Arguments
Tenant argues the Landlord is in serious breach of the Act due to maintenance issues, and the Board is prohibited from ordering an eviction.
Actions
Tenant has lived in the rental unit for 17 years and had a good relationship with the Landlord. Tenant alleges there were maintenance issues that the Landlord was aware of but did not fully address.
Decision Summary
The tenancy is terminated effective December 4, 2021. The Tenant must vacate the rental unit by that date. If the Tenant fails to move out, she shall pay the Landlord $23.01 per day for compensation for the use of the unit from November 24, 2021 to the date the Tenant moves out. If the Tenant does not pay the full amount owed by December 4, 2021, she will start to owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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