Landlord and Tenant Reach Agreement in Personal Use Case: Tong v Benchimol 2024
Landlord and tenant reach agreement on personal use eviction in Thornhill case
Summarized by RentZenLast updated: August 6, 2024
Case Summary
9 Sable Rd, Thornhill, ON L4J0K1
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2023
Order Date
Jan 23, 2024
Tenancy End Date
Jul 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. The parties reached a mutually satisfactory agreement to balance their interests, rights and obligations.
Determinations
- Landlord served valid N12 notice
- Tenant needs additional time to move out
- Parties agreed to terminate tenancy on July 8, 2024
Case Study
The parties demonstrated empathy to each other's circumstances and came to a mutually satisfactory resolution that balances their interests, rights and obligations.
Arguments and Actions
Landlord
Actions
The Landlord, her spouse and their children have just relocated from Australia to share caregiving responsibilities with family members because her father is in need of specialized care. The Landlord and her spouse have a child with autism and she has her own special needs.
Tenant
Actions
The Tenant is a single parent of four children and has a child with autism facing significant challenges at school. The Tenant needs additional time to move out.
Decision Summary
The tenancy is terminated as of July 8, 2024. The Tenant must move out of the rental unit on or before July 8, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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