THAYANANTHAN v BOCTOR: Landlord's Personal Use Claim Upheld in Mississauga
Landlord's personal use claim upheld, Mississauga tenants ordered to vacate
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 7035 Rexwood Road, Mississauga, ON L4T4M8
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2022
Order Date
Jul 20, 2022
Tenancy End Date
Nov 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late rent payments and because the Landlord requires the rental unit for personal use. The Landlord served both N12 and N8 notices, but the decision was based on the N12 notice for personal use.
Determinations
- Landlord provided compensation equal to one month's rent
- Landlord requires unit in good faith for personal use
- Landlord served valid N12 Notice
- Tenancy termination postponed to allow Tenants time to find alternative accommodation
Case Study
The Landlord's claim for personal use was found to be in good faith, supported by evidence of recent marriage and current living situation. The Tenants could have challenged the good faith requirement more effectively by providing evidence that contradicted the Landlord's stated intentions.
Arguments and Actions
Landlord
Arguments
The Landlord's representative stated that the April 2020 notice was defective and he advised his client accordingly.
Actions
Landlord got married on February 11, 2022, and has since moved into a small basement unit with his wife while waiting for vacant possession of the rental unit.
Tenant
Arguments
The Tenants' daughter argued that the notice of termination was given in bad faith, citing a previous N12 notice from April 2020.
Actions
Tenants have resided in the rental unit for over 7 years with their adult children. The male Tenant is currently abroad but will return in September 2022 to recuperate, following his scheduled surgery.
Decision Summary
The tenancy is terminated effective November 30, 2022, based on the Landlord's good faith requirement of the unit for personal use. Tenants must vacate by this date or face eviction. Tenants are ordered to pay $186.00 to the Landlord for application filing costs.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Application Fee
$201
Total Owing
$186 (Owed to Landlord)
Source
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