Landlord Wins Personal Use Case: Simpson v Walls 2024
Landlord wins personal use eviction, tenants granted extended time to relocate with children
Summarized by RentZenLast updated: November 14, 2024
Case Summary
218 Henrietta St, Fort Erie, ON L2A2K5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
Sep 5, 2024
Tenancy End Date
Nov 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because he requires the rental unit for personal residential occupation for at least one year.
Determinations
- Landlord proved good faith intention to move in
- Landlord separated from spouse
- Currently living in daughter's basement
- Wants to move into this rental unit
- Owns another property nearby
Case Study
The Board considered the good faith requirement under section 48(1) of the Residential Tenancies Act, focusing on the landlord's genuine intention to occupy the property.
Arguments and Actions
Landlord
Arguments
Requires unit for personal residential occupation for at least one year
Actions
Separated from spouse, living in daughter's basement, wants to move into this rental unit
Tenant
Arguments
Landlord has a personal vendetta, 1 km distance between properties is not significant, maintenance issues not addressed
Actions
Tenant has 3 children, 2 with special needs, requested 4-6 months to relocate
Decision Summary
Tenancy terminated with postponed eviction until November 30, 2024, to allow Tenant time to relocate with his three children, two of whom have special needs.
Reason for Eviction Relief
Tenant has three children, two with special needs, and needs time to relocate
Adjudicator Details
LTB Member
Total Orders
30
Landlord Favorable
80.0%
Tenant Favorable
13.3%
Mutual Agreement
6.7%
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