Landlord Wins Personal Use Case: Stech v Barker 2022
Landlord wins personal use case, tenant evicted and owes $2324 in Hamilton
Summarized by RentZenLast updated: July 22, 2024
Case Summary
3 Stirton St, Hamilton, ON L8L6E7
Decision in favor of
landlord
Balance Owed to Landlord
$1,814
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2022
Order Date
Dec 14, 2022
Tenancy End Date
Oct 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year by their daughter Larysa Stech.
Determinations
- Landlord compensated Tenant one month's rent
- Landlord requires unit for residential occupation by daughter for at least one year
- Landlord served valid N12 Notice
- Tenant was in possession on application date
Case Study
The Landlord has established a genuine intention to move into the rental unit and occupy it for a period of at least one year. The Landlord's evidence was clear and consistent, and the Tenant's arguments did not substantially challenge the Landlord's intended usage of the rental unit. Therefore, the Landlord has proven on a balance of probabilities that they in good faith require possession of the rental unit for the purpose of residential occupation.
Arguments and Actions
Landlord
Actions
Landlord testified that they documented everything and took pictures of the cheque, notice, and envelope, and slipped everything under the Tenant's door. Landlord stated the cheque was given on February 23, 2022 but never cashed by the Tenant.
Tenant
Arguments
Tenant argued that the Landlords own another house on the same street and the rent the Tenant is paying is the cheapest rent from all the units at both locations. The Tenant claimed the Landlords' intentions are to evict the Tenant and re-rent it for higher rent.
Actions
Tenant disputed receiving the N12 notice and compensation cheque, stating he gave everything back to the Landlord. Tenant claimed the unit is falling apart and questioned why the Landlord would allow the daughter to move in.
Decision Summary
The tenancy is terminated effective October 31, 2023. The Tenant must pay the Landlord $2,324.25 from May 1, 2022 to September 21, 2022, less the rent deposit and interest owed on the deposit. The Tenant must also pay the Landlord $17.06 per day for compensation for use of the unit from September 22, 2022 until the Tenant moves out. If the unit is not vacated by October 31, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
190
Landlord Favorable
93.2%
Tenant Favorable
4.2%
Mutual Agreement
2.6%
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Financial Details
Rent Arrears
$2,324
Rent Deposit
$510
Total Owing
$1,814 (Owed to Landlord)
Source
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