Rogers v Tarala: N12 Eviction for Purchaser's Use in Scarborough
LTB Decides on N12 Eviction: Property Sale vs. Tenant's 19-Year Occupancy
Summarized by RentZenLast updated: July 22, 2024
Case Summary
84 Colonial Ave, Scarborough, ON M1M2C5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2022
Order Date
Aug 4, 2022
Tenancy End Date
Sep 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the sale of the property. The purchaser's son requires the unit for residential occupation. Tenant requested more time to vacate based on a previous agreement.
Determinations
- Both parties' expectations deemed unreasonable
- Landlord proved grounds for termination
- Purchaser's son requires unit for residential occupation
- Tenancy terminated as of September 30, 2022
- Tenant compensated one month's rent
- Valid N12 notice given on February 1, 2022
Case Study
The Landlord proved the grounds for termination under the Residential Tenancies Act. The Board considered the Tenant's long-term occupancy and personal circumstances, extending the termination date to September 30, 2022. Both parties' expectations were deemed unreasonable, with the Landlord rushing the closing date and the Tenant not actively seeking new accommodations.
Arguments and Actions
Landlord
Arguments
Landlord sought to amend the L2 application to outline that the Purchaser's son was now the individual to occupy the unit.
Actions
Landlord entered into a new Agreement of Purchase and Sale with a closing date of August 30, 2022, despite knowing the hearing was scheduled only 10 days after signing.
Tenant
Arguments
Tenant requested to affirm an agreement with the Landlord's daughter to vacate by October 31, 2022.
Actions
Tenant had made little effort in finding new accommodations despite knowing about the impending sale since June 2022.
Decision Summary
The tenancy is terminated effective September 30, 2022. The Tenant must vacate by this date or face eviction. The Landlord may file for eviction enforcement starting October 1, 2022. The Tenant must pay $50.84 per day from July 12, 2022, until vacating. The last month's rent deposit and interest will be applied to September 2022 rent.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$1,547
Rent Deposit
$1,400
Deposit Interest
$565
Source
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