Landlord Wins Personal Use Case: Singh v Ali 2022
Landlords required Dunnville rental unit for family, tenants evicted with 3-month delay
Summarized by RentZenLast updated: July 22, 2024
Case Summary
70 Christian Ritter Dr, Markham, ON L6C0V9
Decision in favor of
landlord
Balance Owed to Landlord
$3,787
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jun 2022
Order Date
Jul 6, 2022
Tenancy End Date
Jul 2022
Dispute Summary
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 by their son.
Determinations
- Landlord compensated Tenants one month's rent
- Landlord requires unit for son's residential occupation for at least one year
- Landlord served valid N12 Notice
- Tenants have not vacated unit since termination date
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy as they require vacant possession of the rental unit for the purpose of residential occupation by their son. The Landlord's son genuinely intends to move into the rental unit for at least one year. The Tenants did not provide evidence that reasonably challenged the Landlord's evidence.
Arguments and Actions
Landlord
Actions
Landlord's son is currently living with the Landlord and paying for a storage unit to store his personal belongings, as he has no place to stay until the Tenants vacate the rental unit.
Tenant
Arguments
Tenants question the Landlord's good faith intentions, based on the fact that the Landlord served the N12 notice 2 days after a previous Board hearing and also served an N5 notice in April 2022.
Actions
Tenants have not moved out of the rental unit since the termination date, despite having more than 6 months to find a new place to live.
Decision Summary
The tenancy is terminated, and the Tenants must move out by July 17, 2022. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants shall pay the Landlord $3,787.09, which represents compensation for the use of the unit from March 1, 2022 to June 1, 2022, less the rent deposit and interest owed on the deposit. The Tenants shall also pay the Landlord $61.32 per day for the use of the unit starting June 2, 2022 until the date they move out.
Adjudicator Details
LTB Member
Total Orders
558
Landlord Favorable
92.3%
Tenant Favorable
3.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,865
Rent Deposit
$1,800
Deposit Interest
$115
Other Owed Amount
$3,787
Compensation for use of unit from March 1, 2022 to June 1, 2022, less rent deposit and interest
Total Owing
$3,787 (Owed to Landlord)
Source
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