Landlord Wins Tenant Termination Case: Song v Donaldson 2023
Landlord wins tenant termination case in Oakville, but with 2-month delay
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 2333 Sawgrass Dr, Oakville, ON L6H0L2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Sep 2023
Order Date
Sep 25, 2023
Tenancy End Date
Nov 2023
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants because the Tenants gave notice to terminate the tenancy. The Tenants filed a motion to set aside the original order.
Determinations
- Tenant's legal representative negotiated N9 notice with Landlord's representative
- Landlord served N12 notice to terminate tenancy for own use
- Landlord's parents in China wish to return to Canada due to health issues and political environment
- Tenants requested further delay until June 2024, which was found unfair to Landlord
- Adjudicator ordered 2-month delay in termination, until November 30, 2023
Case Study
The Tenants' legal representative negotiated an N9 notice with the Landlord's representative to provide the Tenants with an additional 9 months to vacate the unit. The Landlord had previously served an N12 notice to terminate the tenancy for the Landlord's own use, as the Landlord's elderly parents in China wished to return to Canada. The Tenants requested a further delay until June 2024, which the adjudicator found to be unfair to the Landlord. However, considering the Landlord's parents are currently in China, the adjudicator found it reasonable to delay the termination of the tenancy for 2 additional months, until November 30, 2023.
Arguments and Actions
Landlord
Actions
Landlord served N12 notice to terminate tenancy for own use, as Landlord's elderly parents in China wish to return to Canada due to health issues and political environment.
Tenant
Arguments
Tenants requested a delay of termination until June 2024 due to their child's educational needs in a gifted program.
Actions
Tenants planned to move out by July 1, 2023 according to a text message, but testified this did not mean they intended to move out.
Decision Summary
The motion to set aside the original order LTB-L-048101-23 is denied. The stay of the original order is lifted on November 30, 2023, providing the Tenants with an additional 2 months to vacate the unit.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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