Landlord Wins Personal Use Case: Stackhouse v Al-sharafi 2021
Mississauga landlords regain rental unit for personal use, tenants ordered to vacate by year-end
Summarized by RentZenLast updated: July 26, 2024
Case Summary
4060 Westminster Place, Mississauga, ON L4W4L2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Oct 4, 2021
Tenancy End Date
Dec 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords require possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlords served valid N12 notice on July 14, 2021 with termination date of September 30, 2021
- Landlords paid one month's rent compensation to Tenants on September 20, 2021
- Landlords hold $3,900 rent deposit from Tenants
- Interest is owed to Tenants on rent deposit from October 1, 2019 to September 30, 2021
- Landlords established good faith requirement of unit for their own residential occupation
- Eviction postponed to December 31, 2021 to accommodate Tenants' circumstances
Case Study
The Landlords established that they require the rental unit for their own residential occupation in good faith. The Tenants' request for a delay in eviction until December 31, 2021 is reasonable and does not cause unfair inconvenience to the Landlords.
Arguments and Actions
Landlord
Actions
Landlord Christopher Stackhouse testified that his employer's decision to relocate the head office to Toronto in June 2021 led to his decision to seek possession of the rental unit for his own residential use.
Tenant
Arguments
Tenant Marwan Al-Rawdhi questioned the good faith of the Landlords' N12 notice, citing a previous N12 notice in 2020 and a text exchange in April 2021 where the Landlord discussed finding new tenants or preparing the house for sale.
Decision Summary
The tenancy is terminated effective December 31, 2021. The Tenants must vacate the rental unit by that date. The Landlords may offset any compensation owed to the Tenants from the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
24
Landlord Favorable
95.8%
Tenant Favorable
4.2%
Mutual Agreement
0.0%
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Financial Details
Rent Deposit
$3,900
Source
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