Personal Use Eviction: Salamanca Ortega v Merza 2024
London tenants granted extended stay until December 2024 in personal use eviction case
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1247 Huron St, London, ON N5Y4X7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Feb 2024
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
Tenancy End Date
Dec 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants for personal use, claiming he requires the rental unit for himself, his spouse, and his spouse's children for at least one year.
Determinations
- Landlord proved good faith intention to occupy unit
- Landlord compensated tenants one month's rent
- Landlord currently living in unsuitable basement space
- Tenancy termination set for December 31, 2024
Arguments and Actions
Landlord
Arguments
Requires unit for family occupation, cannot afford to maintain rental unit
Actions
Landlord currently living in basement of office building, not legally zoned for residential use
Procedural Errors
Attempted illegal rent increases in 2020 and 2024
Tenant
Arguments
Discussions before N12 suggest bad faith eviction due to rent increase refusal
Actions
Tenants initially agreed to rent increase, then requested return of excess funds
Decision Summary
Tenancy terminated effective December 31, 2024, allowing Tenants time to relocate. Landlord must pay daily compensation of $43.13 starting August 16, 2024, until Tenants vacate the unit.
Reason for Eviction Relief
Consideration for children's academic year and Landlord's living conditions
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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Financial Details
Lawful Rent
$1,200
Rent Deposit
$1,200
Deposit Interest
$36
Other Owed Amount
$43
Daily compensation per day of occupancy
Source
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