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Summarized by RentZenLast updated: July 22, 2024
1388 Lakefield St, Oshawa, ON L1J3Y9
Decision in favor of
landlord
Balance Owed
-
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Hearing Date
Sep 2022
Order Date
Oct 17, 2022
Tenancy End Date
Nov 2022
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.
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord has met the 60 day notice requirement, the declaration requirement, and the one month's compensation requirement. The Landlord's testimony that she wants to leave her current living arrangement and move into the rental unit is believable, and the Tenant acknowledged that the Landlord has had strained relationships with her family members, which supports the Landlord's reason for wanting to leave her current residence.
The Landlord testified that she is currently living with her son and his family, however, this living arrangement is unsustainable due to an inability to get along with them, to the point of requiring police intervention. The Landlord has owned the residential complex for several years, has previously lived at the rental unit prior to her current living arrangement, and now seeks to move back to the rental unit.
The Tenant challenged the Landlord's expressed intent, stating the Landlord merely wants to evict him in order to increase the monthly rent. The Tenant points to a conversation from August 2021 wherein the Landlord allegedly said she wanted the Tenant out of the rental unit in order to increase the monthly rent.
The tenancy is terminated effective November 30, 2022. The Tenant must move out of the rental unit on or before November 30, 2022. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. The Tenant shall also pay the Landlord compensation of $34.52 per day for the use of the unit starting December 1, 2022 until the date the Tenant moves out.
LTB Member
417
83.2%
12.9%
3.8%
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