Last updated: July 22, 2024
Ordered by Jagger Benham,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$8,902
to Landlord
Agree with the ruling?
Citation: Wei v Yousefi, 2022 ONLTB 7772
File Number: LTB-L-006988-22
Application Date
Jan 2022
Hearing Date
Sep 2022
Order Date
Oct 6, 2022
Tenancy End Date
Dec 2022
The tenancy is terminated, and the Tenant must move out of the rental unit on or before December 31, 2022. 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. The Tenant shall pay the Landlord $8,845.18 in compensation for use of the unit from April 1, 2022 to September 6, 2022, and an additional $57.53 per day from September 7, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by December 31, 2022, they will owe interest at 4.00% annually on the outstanding balance starting January 1, 2023.
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 mother and sister, who will be the mother's caretaker.
Tenant argued that Landlord's changing reasons for requiring the unit (initially for sister, then for mother) is indicative of bad faith. Tenant also argued that Landlord's sister's immigration status makes it unlikely she will be able to stay in Canada for at least one year.
Tenant offered to sign a new lease and pay an additional $400 per month, but Landlord declined. Tenant advised Landlord in January 2022 that due to COVID-19 restrictions, she could not move out by the end of the month.
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Damages
$8,845
Other Amount
$57
Compensation for use of unit from April 1, 2022 to move-out date
Ordered Amount
$8,902 (to Landlord)
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