Landlords Regain Possession for Personal Use: Venkatraman v Kuchna
Landlords successfully terminate long-term tenancy to allow aging parents to occupy rental unit in Mississauga
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 135 Hillcrest Avenue, Mississauga, ON L5B4B1
Decision in favor of
landlord
Balance Owed to Landlords
$1,564
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Jul 2021
Order Date
Oct 8, 2021
Tenancy End Date
Nov 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlords require possession of the rental unit for the purpose of residential occupation by the parents of one of the Landlords.
Determinations
- Landlords provided one month's rent compensation prior to termination date
- Landlords filed required affidavits certifying parents require unit for personal use for at least one year
- Landlords' intention to occupy unit in good faith
- Tenant's evidence insufficient to show bad faith
Case Study
The Landlords satisfied the Tribunal that they in good faith require possession of the rental unit for the purpose of residential occupation for a period of at least one year by the parents of one of the Landlords. The Tenant's evidence was insufficient to support an inference of bad faith given the strong evidence of good faith provided by the Landlord.
Arguments and Actions
Landlord
Actions
Landlords informed Tenant in August 2019 that they would require the unit for the parents' personal use, but delayed due to the parents' employment situation. Landlords purchased plane tickets and the parents arrived in Canada in October 2020.
Tenant
Arguments
Tenant argued the Landlords' story kept changing and that they were targeting his unit due to the low rent.
Actions
Tenant agreed to vacate the unit by August 31, 2021 but later became suspicious of the Landlords' motives.
Decision Summary
The tenancy is terminated and the Tenant must move out by November 30, 2021. The Tenant shall pay the Landlords $1,524.18 for use of the unit from September 1 to October 8, 2021, and $40.11 per day for use of the unit from October 9, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by November 30, 2021, the Landlords may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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Financial Details
Damages
$1,524
Other Owed Amount
$40
Compensation for use of unit from October 9, 2021 to move-out date
Total Owing
$1,564 (Owed to Landlords)
Source
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