Landlord Wins Personal Use Case: Ursini v Stevenson 2021
North York tenants evicted to allow new purchasers to occupy rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1 Four Winds Drive, North York, ON M3J2T1
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Notices Sent
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Timeline
Application Date
Feb 2020
Hearing Date
Feb 2021
Order Date
Feb 22, 2021
Tenancy End Date
Mar 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served valid N12 Notice
- Landlord sold the rental unit to purchasers who intend to occupy it for at least one year
- Landlord has paid penalties due to delays in closing
- Tenants have had notice of sale for one year and sufficient time to find alternative housing
Case Study
The Landlord in good faith requires possession of the rental unit as they have signed an Agreement of Purchase and Sale of the rental unit and the purchaser intends to move into the rental unit. The tenancy between the Landlord and the Tenants will be terminated.
Arguments and Actions
Landlord
Actions
Landlord is 78 years old and sold her condo unit as she wishes to use the money for her retirement living. Landlord and the Purchasers entered into an Agreement of Purchase and Sale with a closing date that has been postponed 5 times due to delays in having the hearing held and COVID-19.
Tenant
Arguments
Tenants did not believe the sale was in good faith as they had previously received an N11 Form from the Landlord, which they refused to sign.
Actions
Tenants testified they are 'happy to move out' if given sufficient time, and have not really looked for alternative housing due to COVID-19.
Decision Summary
The tenancy between the Landlord and the Tenants is terminated as of March 31, 2021. The Tenants must move out of the rental unit on or before March 31, 2021. 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 Tenants shall also pay the Landlord $38.14 per day for compensation for the use of the unit from February 23, 2021 to the date they move out.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Rent Deposit
$1,000
Damages
$38
Source
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