Landlord Wins Personal Use Case: Sapkota v Kanagaraja 2023
Scarborough landlord wins personal use case, tenant evicted with compensation order
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 32 Mackinac Cres, Scarborough, ON M1J1P9
Decision in favor of
landlord
Balance Owed to Landlord
$2,487
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Jul 21, 2023
Tenancy End Date
Sep 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Tenant was in possession on application date
- Landlord provided one month's rent compensation
- Landlord filed Declaration of good faith
- Landlord genuinely intends to occupy unit for at least one year
Case Study
The Landlord has a genuine intention to occupy the premises and the motives of the Landlord in seeking possession of the unit are largely irrelevant. The Landlord's current living condition and the need for more space due to his brother's growing family support the Landlord's good faith requirement of the unit for personal use.
Arguments and Actions
Landlord
Actions
The Landlord submitted evidence of their current living condition in a single bedroom in a multi-family home, and testified that they would require the entire basement unit for themselves and their wife who is coming from India in October 2023.
Tenant
Arguments
The Tenant questioned why they were not given an opportunity to rent one of the 4 upstairs units when they became vacant, and still desired to live at the property either with the Landlord or in one of the upstairs units.
Decision Summary
The tenancy is terminated effective September 30, 2023. The Tenant must vacate the unit by this date. If the unit is not vacated by September 30, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement starting October 1, 2023. The Tenant must pay the Landlord $2,497.34 less any amounts already paid, representing compensation for use and occupation of the unit from December 1, 2022 to April 18, 2023. The Tenant must also pay the Landlord $17.97 per day, less any amounts already paid, for use of the unit from April 19, 2023 until the Tenant vacates. The Landlord owes the Tenant $450.43 for the rent deposit and interest, which is deducted from the amount owed by the Tenant.
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$546
Rent Deposit
$440
Deposit Interest
$10
Other Owed Amount
$2,497
Compensation for use and occupation of unit from Dec 1, 2022 to Apr 18, 2023
Total Owing
$2,487 (Owed to Landlord)
Source
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