Landlord Wins Personal Use Case: Meiju Wang v Sui Hung -Joey Mo
LTB Rules on Personal Use Eviction in Aurora
Summarized by RentZenLast updated: July 22, 2024
Case Summary
42 Fouracre Way, Aurora, ON L4G7W1
Decision in favor of
landlord
Balance Owed to Landlord
$49
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2021
Hearing Date
Nov 2021
Order Date
Feb 14, 2022
Tenancy End Date
Mar 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's requirement of the rental unit for personal use by the Landlord and the Landlord's daughter.
Determinations
- Landlord collected $2,330.00 rent deposit
- Landlord filed required declarations
- Landlord requires unit for personal use by Landlord and Landlord's daughter
- Landlord served valid N12 notice on 2021-08-03
- Lawful rent was $2,330.00
- Tenancy commenced on 2018-11-01 for a 12-month fixed term
- Tenant did not vacate by termination date
- Termination date in N12 notice was 2021-10-31
Case Study
The Landlord met the technical requirements for terminating the tenancy under Section 48 of the Residential Tenancies Act, 2006. The Landlord provided the required N12 notice and filed the necessary declarations. The Tenant disputed the Landlord's good faith intentions, but the Tribunal was satisfied that the Landlord requires the unit for personal use by the Landlord and the Landlord's daughter.
Arguments and Actions
Landlord
Actions
Landlord is currently residing in China and requires the rental unit for personal use by the Landlord and the Landlord's daughter.
Tenant
Arguments
Tenant sought an extension of time to vacate the rental unit.
Actions
Tenant disputed the Landlord's good faith intentions.
Decision Summary
The tenancy is terminated effective March 31, 2022. The Tenant must vacate the rental unit by that date. The Tenant shall also pay the Landlord $49.97 per day for compensation for use of the unit until the Tenant moves out. If the unit is not vacated by March 31, 2022, the Landlord may file the order with the Court Enforcement Office for enforcement starting April 1, 2022.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Lawful Rent
$2,330
Rent Deposit
$2,330
Damages
$49
Total Owing
$49 (Owed to Landlord)
Source
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