Ursini v Stevenson
Last updated: July 26, 2024
Order
Ordered by Nicola Mulima,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
to Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Ursini v Stevenson, 2021 CanLII 77387 (ON LTB)
File Number: TNL-25007-20
Timeline
Application Date
Feb 2020
Hearing Date
Feb 2021
Order Date
Feb 22, 2021
Tenancy End Date
Mar 2021
Decision
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.
Tenant
Dispute
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
Landlord's Arguments
Actions and Evidence
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's Arguments
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 and Evidence
Tenants testified they are 'happy to move out' if given sufficient time, and have not really looked for alternative housing due to COVID-19.
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Financial Details
Rent Deposit
$1,000
Damages
$38
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