Landlords Win Personal Use Case: Somal and Aujla v Horwath
Brampton landlords regain possession of rental unit for personal use, tenant ordered to vacate and pay compensation
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 32 Madoc Drive, Brampton, ON L6V1Z9
Decision in favor of
landlord
Balance Owed to Landlords
$5,199
Dispute Categories
Notices Sent
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Timeline
Application Date
Jun 2020
Hearing Date
Apr 2021
Order Date
Apr 26, 2021
Tenancy End Date
May 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords require possession of the rental unit for the purpose of residential occupation. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlords served valid N12 Notice
- Tenant in possession on application date
- Monthly rent is $664.50
- Landlords collected $650 rent deposit
- Landlords paid one month's rent compensation
- Landlord LS filed affidavit for personal use
Case Study
The Tenant must move out of the rental unit as the Landlords have shown they require possession of the rental unit for their own personal use. The Tenant's evidence does not establish that the Landlords have brought this application in bad faith.
Arguments and Actions
Landlord
Actions
Landlords require the rental unit for their own residential occupation, as it is closer to their children's school and the Landlord's place of work.
Tenant
Arguments
Tenant believes the Landlords gave the N12 notice in bad faith to renovate and re-rent the unit for more money, and that the Landlords' reasons for wanting to move in are not believable.
Actions
Tenant returned the compensation cheque and refused to move out, believing the Landlords acted in bad faith.
Decision Summary
The tenancy is terminated effective May 7, 2021. The Tenant must move out by May 7, 2021 and pay the Landlords $5,198.76, which includes compensation for use of the unit, the application fee, and interest if the amount is not paid by the due date. The Landlords must pay the Tenant one month's rent compensation by May 7, 2021.
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
$665
Application Fee
$186
Rent Deposit
$650
Damages
$4,491
Other Owed Amount
$22
Compensation for use of unit from April 27, 2021 to move-out date
Total Owing
$5,199 (Owed to Landlords)
Source
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