Smutek v Coulter: Landlord's Personal Use Eviction in Barrie, ON
Landlord Wins Personal Use Eviction Case in Barrie, ON - Smutek v Coulter
Summarized by RentZenLast updated: July 22, 2024
Case Summary
199 Stanley St, Barrie, ON L4M6X9
Decision in favor of
landlord
Balance Owed to Landlord
$967
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Sep 2022
Order Date
Nov 9, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
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 residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Eviction postponed until December 14, 2022
- Landlord requires unit for personal use in good faith
- Landlord served valid N12 Notice
- Rent is due on the 1st of each month
- Tenant owes compensation for use and occupation
- Tenant's claim of bad faith dismissed
Case Study
The Landlord's N12 notice was found to be valid, despite the Tenant's claim that it was defective due to the termination date. The Board determined that the rent was due on the 1st of each month based on signed tenancy agreements, despite the Tenant's claim of a verbal agreement to pay on the 15th. The Landlord's claim of requiring the unit for personal use was found to be in good faith, and the Tenant's allegations of bad faith were dismissed due to lack of evidence.
Arguments and Actions
Landlord
Arguments
Landlord argued that the N12 notice was valid and served in good faith for personal use of the rental unit.
Actions
Landlord lives in a rented basement with a shared kitchen and pays both mortgage for the rental unit and rent for current accommodation. Landlord wants to move into the rental unit to reduce financial obligations.
Tenant
Arguments
Tenant argued that the N12 notice was defective due to incorrect termination date. Tenant claimed the Landlord served notices in bad faith to evict and sell or re-rent at a higher price.
Actions
Tenant claimed rent was due on the 15th of each month based on a verbal agreement. Tenant admitted to not paying rent for December 2021 and January 2022 when N4 and N8 notices were served.
Decision Summary
The tenancy is terminated effective December 14, 2022. The Tenant must pay $966.63 for use and occupation from September 1 to September 21, 2022, plus $46.03 per day from September 22, 2022, until move-out. The Landlord may file for eviction with the Sheriff if the unit is not vacated by December 14, 2022.
Adjudicator Details
LTB Member
Total Orders
52
Landlord Favorable
96.2%
Tenant Favorable
0.0%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$967
Total Owing
$967 (Owed to Landlord)
Source
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