Landlord Wins Personal Use Case: Vrecic v Fay 2022
Windsor landlord's 85-year-old caregiver to occupy unit, tenant given until year-end to vacate
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2279 Lillian Ave, Windsor, ON N8X4B1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2022
Order Date
Oct 20, 2022
Tenancy End Date
Dec 2022
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 by the Landlord's caregiver.
Determinations
- Landlord in good faith requires possession for caregiver use
- Landlord paid one month's rent compensation
- Landlord served valid N12 Notice
- Tenant was in possession on application date
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord in good faith requires possession of the rental unit for the use of her caregiver for a minimum of one year.
Arguments and Actions
Landlord
Actions
Landlord is 85 years old and in good faith requires the full-time services of a caregiver for personal care and safety purposes. Landlord's caregiver witness testified that she intends to move into the rental unit for a minimum of one year.
Tenant
Actions
Tenant testified that she has been pursuing alternative rental accommodations and is experiencing credit/employment challenges.
Decision Summary
The tenancy is terminated effective December 31, 2022. The Landlord is granted possession of the rental unit. The Landlord must pay the Tenant $110.50 in interest on the rent deposit and $582.50 in compensation by November 30, 2022. The last month's rent deposit of $550 shall be applied to the last month of the tenancy.
Adjudicator Details
LTB Member
Total Orders
122
Landlord Favorable
90.2%
Tenant Favorable
9.0%
Mutual Agreement
0.8%
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Financial Details
Lawful Rent
$583
Rent Deposit
$550
Deposit Interest
$111
Source
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