Landlord Wins Personal Use Case: Sharma v Pastolero 2024
North York tenants of 10 years must vacate by September 30, 2024, due to property sale and purchaser's personal use
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 487 Drewry Ave, North York, ON M2R2K9
Decision in favor of
landlord
Balance Owed to Landlord
$1,667
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Jul 2024
Order Date
Aug 26, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the property has been sold and the purchaser requires the unit for personal residential occupation.
Determinations
- Purchaser requires unit in good faith
- Tenants aware of sale since January 2024
- Landlord selling due to financial difficulties
- Tenants have lived in unit for 10 years
Case Study
Good faith requirement for N12 notice involves sincere intention to occupy, not reasonableness of proposal.
Arguments and Actions
Landlord
Arguments
Purchaser requires unit for residential occupation in good faith
Actions
Landlord diagnosed with cancer, selling property due to financial difficulties, agreed to provide purchaser $10,000 for delays
Tenant
Arguments
Challenging the good faith of the N12 notice by questioning the landlord's illness and property sale
Actions
Tenants have lived in rental unit for 10 years, work part-time with monthly income less than $1,500, have two children, and have not actively sought alternative housing due to high rental prices.
Decision Summary
Tenancy terminated effective September 30, 2024. Tenants must vacate by this date and pay compensation for unit use. Eviction may be enforced by Sheriff after October 1, 2024.
Reason for Eviction Relief
Tenants have lived in unit for 10 years, have two children, and limited income
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$1,335
Other Owed Amount
$1,667
Compensation for unit use from June 1 to July 8, 2024
Total Owing
$1,667 (Owed to Landlord)
Source
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