Landlord Wins Personal Use Case: Rafiq v Razaq 2021
Mississauga tenant evicted to allow landlord's sons to move in
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 5876 Ladyburn Crescent, Mississauga, ON L5M4V1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2020
Hearing Date
May 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 requires possession of the rental unit for the purpose of residential occupation by his children.
Determinations
- Landlord served valid N12 Notice
- Landlord's sons intend to move into rental unit for at least 12 months
- Tenant in possession on application date
- Tenant must vacate by November 14, 2021
Case Study
The Landlord has established that his sons genuinely intend to move into the rental unit for at least twelve months. The testimony of both sons was clear and plausible in this regard. They are both adult children of the Landlord and expressed a genuine intention to live independently from their parents. The Tenant's submissions about the Landlord's service of the N12 notice shortly after an incident of conflict between the parties does not affect the analysis of whether the Landlord's sons genuinely want to occupy the rental unit for their personal use.
Arguments and Actions
Tenant
Arguments
Tenant submitted that the timing of the service of the N12 notice and the conflict between the parties about the Landlord's attempts to increase the rent is evidence of the Landlord's bad faith in filing this application. Tenant also submitted that the restrictions imposed by the Landlord upon his children, and the resulting conflict, should not be a valid reason to evict the Tenant.
Actions
Tenant is a relatively new immigrant to Canada and has children in his care. He has been residing in the rental unit since moving to Canada in 2016 with his family.
Decision Summary
The tenancy is terminated as of November 14, 2021, as the Landlord in good faith requires possession of the rental unit for residential occupation by his children. The Tenant must move out of the rental unit on or before November 14, 2021. If the Tenant fails to move out by that date, the Tenant shall pay the Landlord $29.59 per day for compensation for the use of the unit from November 15, 2021 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
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