Landlord Wins Personal Use Eviction Case: Vanier v Debouk
Landlord wins personal use eviction case, tenants must vacate by September 30, 2021
Summarized by RentZenLast updated: July 26, 2024
Case Summary
138 Gladecrest Court, Ottawa, ON K2H9J7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2020
Hearing Date
Jun 2021
Order Date
Aug 3, 2021
Tenancy End Date
Sep 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 for the rental unit and the purchasers requires possession of the unit for the purpose of residential occupation.
Determinations
- Rental unit is a 3-bedroom single-family home
- Landlord served valid N12 notice on 2020-09-29
- Purchasers (Adkins) swore affidavit of intent to occupy
- Tenants received required compensation
- Ahmed Debouk is not a tenant required to be served
Case Study
The Landlord entered into a valid agreement to sell the rental unit to the purchasers, who in good faith require possession of the unit for the purpose of residential occupation. The Tenants were properly served with the N12 notice and received the required compensation. While the Tenants argued that an additional tenant, Ahmed Debouk, should have been served, the Landlord Tenant Board found that Ahmed Debouk was not a tenant as he no longer occupied the unit and paid rent elsewhere.
Arguments and Actions
Tenant
Arguments
Tenants argued that Ahmed Debouk should have been served with the N12 notice, as he is listed as a tenant on the lease. However, the LTB found that Ahmed Debouk no longer occupied the unit and paid rent elsewhere, and therefore was not a tenant required to be served.
Decision Summary
The tenancy is terminated, and the Tenants must vacate the rental unit by September 30, 2021. 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 starting October 1, 2021.
Adjudicator Details
LTB Member
Total Orders
140
Landlord Favorable
69.3%
Tenant Favorable
17.9%
Mutual Agreement
12.9%
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