Landlord Wins Personal Use Case: Tayyab v Bailey 2024
Oshawa tenant evicted for personal use, but given postponement until April 2024
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 831 Sylvia St, Oshawa, ON L1H5M5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Feb 29, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord paid one month's rent compensation
- Landlord has sincere intention to occupy the unit
- Tenant has lived in unit for 6 years
- Tenant has 3 children and strong community ties
- Eviction postponed to April 30, 2024
Case Study
The Landlord's evidence of good faith intention to occupy the unit was found to be credible. The Tenant's attempt to submit surreptitiously recorded evidence was rejected due to lack of reliability and fairness concerns. The Tenant was granted a postponement of the eviction until April 30, 2024 considering the significant challenges she would face, while also acknowledging the Landlord's waiting period since January 2023.
Arguments and Actions
Landlord
Actions
Landlord purchased the home with the intention to start a family and occupy the entire house. Landlord's mother will stay in the basement unit when visiting.
Tenant
Actions
Tenant has lived in the unit for 6 years and has 3 children who attend school nearby.
Decision Summary
The tenancy is terminated, but the eviction is postponed until April 30, 2024. The Tenant must vacate the unit by this date, and the Landlord may then file the order with the Sheriff to enforce the eviction. The Tenant must also pay the Landlord $50.96 per day for use of the unit starting May 1, 2024 until the date they move out.
Adjudicator Details
LTB Member
Total Orders
71
Landlord Favorable
80.3%
Tenant Favorable
11.3%
Mutual Agreement
8.4%
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