Last updated: August 6, 2024
Ordered by Greg Joy,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Salih v Lacroix, 2023 ONLTB 28355
File Number: LTB-L-024936-22
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Mar 29, 2023
The Landlord's application is dismissed. In consideration of the Tenants' overall circumstances, it would be unfair to terminate this tenancy. The Tenants have lived in the rental unit for six years, raised their family, paid their rent, and established this as their home. Despite the Landlord's daughter's desire to reside in the rental unit, relief from eviction is granted.
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
The Landlord testified that he made no written request for additional money.
The Tenants argue that the application should be dismissed because the first declaration submitted by the Landlord does not state that the Landlord's daughter intends to reside in the rental unit for at least a one-year period. The Tenants also submit that the notice was served in bad faith because the Tenant refused to pay an additional $300.00 per month that the Landlord requested.
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