Landlords Win N12 Case Against Disruptive Tenants in Ancaster: Tahir v Han 2024
Landlords regain possession of Ancaster rental unit for personal use, Tenants ordered to vacate and pay $13578
Summarized by RentZenLast updated: August 6, 2024
Case Summary
170 Lavender Dr, Ancaster, ON L9K1B8
Decision in favor of
landlord
Balance Owed to Landlords
$13,578
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Apr 2023
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 5, 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlords served valid N12 notice
- Landlords complied with compensation requirements
- Landlords genuinely intend to occupy the rental unit
- Tenants were in possession on application date
- Rental unit is the main floor of a single family home
- Tenancy began in December 2021
- Lawful rent is $3,500
Case Study
The Landlords have proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlords have complied with the requirements for compensation and have established that they genuinely intend to use the rental unit as detailed in the N12 notice.
Arguments and Actions
Landlord
Actions
Landlords' son's health deteriorated due to the excessive noise and behavior of the Tenants in the upper unit. Landlords provided videos capturing the Tenants' use of obscene gestures.
Tenant
Arguments
Tenants do not dispute the Landlords' intention to move into the rental unit, but question the true motivation behind the service of the N12 notice, claiming it was in retaliation for the Tenants' T6 application and to allow a new tenancy with higher rent.
Actions
Tenants were extremely loud, intentionally provoked the Landlords and their children, and used obscene gestures towards the Landlords and their family.
Decision Summary
The tenancy is terminated effective April 15, 2023. The Tenants must vacate the rental unit by this date. If the unit is not vacated, the Landlords may file the order with the Court Enforcement Office for enforcement. The Tenants must pay the Landlords $13,578.26 in compensation for use and occupation of the unit from December 1, 2023 to March 27, 2024. If the Tenants do not pay the full amount by April 16, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$3,500
Other Owed Amount
$13,578
Compensation for use and occupation of the rental unit from December 1, 2023 to March 27, 2024
Total Owing
$13,578 (Owed to Landlords)
Source
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