Landlord Wins Personal Use Eviction Case: Tolfa v Dalafu and Vidal
Landlord Tolfa successfully evicts tenants Dalafu and Vidal from Brampton rental unit for personal use
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 31 Horne Drive, Brampton, ON L6V2V2
Decision in favor of
landlord
Balance Owed to Landlord
$8,186
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2020
Hearing Date
Jun 2021
Order Date
Aug 23, 2021
Tenancy End Date
Aug 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord in good faith requires possession of the rental unit for the purpose of residential occupation
- Tenants were in possession of the rental unit when the application was filed
- Lawful monthly rent is $1,200.00
- Landlord collected a rent deposit of $1,200.00 from the Tenants and this deposit is still being held by the Landlord
- Interest on the rent deposit is owing to the Tenants for the period from March 1, 2018 to December 31, 2020
- Landlord paid the Tenant compensation equal to one month's rent on November 1, 2020
Case Study
The Landlord in good faith requires possession of the rental unit for the purpose of residential occupation. The Tenants were in possession of the rental unit when the application was filed. The lawful monthly rent is $1,200.00. The Landlord collected a rent deposit of $1,200.00 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from March 1, 2018 to December 31, 2020. The Landlord paid the Tenant compensation equal to one month's rent on November 1, 2020.
Decision Summary
The tenancy between the Landlord and the Tenants is terminated, as of August 31, 2021. The Tenants must move out of the rental unit on or before August 31, 2021. The Tenants shall pay to the Landlord $8,000.56, which represents compensation for the use of the unit from January 1, 2021 to August 23, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants shall also pay to the Landlord $39.45 per day for compensation for the use of the unit from August 24, 2021 to the date they move out of the unit. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$1,200
Application Fee
$186
Rent Deposit
$1,200
Damages
$8,001
Other Owed Amount
$39
Compensation for use of unit from August 24, 2021 to move-out date
Total Owing
$8,186 (Owed to Landlord)
Source
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