Landlord Wins Personal Use Case: Wei v Yousefi 2022
LTB Rules on $8902 Personal Use Eviction: Wei v Yousefi Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1080 Bay Street, Toronto, ON M5S 0A5
Decision in favor of
landlord
Balance Owed to Landlord
$8,902
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2022
Hearing Date
Sep 2022
Order Date
Oct 6, 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 mother and sister, who will be the mother's caretaker.
Determinations
- Landlord gave Tenant an N12 notice of termination deemed served on January 30, 2022 with the termination date of March 31, 2022
- Landlord has compensated the Tenant an amount equal to one month's rent by March 31, 2022
- Landlord's mother had knee surgery in 2018 and is currently living with the Landlord, and the Landlord is concerned about her mother using the stairs
- Landlord's sister is currently staying in Canada on a 10-day Visa that can be extended for up to more than a year
- Landlord's sister is the mother's caretaker and has been living with the Landlord since 2018
- Tenant offered to sign a new lease and pay an additional $400 per month, but Landlord declined
- Tenant was in possession of the rental unit on the date the application was filed
Case Study
The Landlord has provided detailed evidence with respect to her mother's health issues. It is clear that the Landlord's mother requires care services, which is a term defined under the Act. The Landlord's sister has been caring for her mother since 2018 and would be able to assist with her mother's mobility issues. The Landlord's intention to have both the intended caregiver and their mother move into the unit is in good faith.
Arguments and Actions
Tenant
Arguments
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.
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Damages
$8,845
Other Owed Amount
$57
Compensation for use of unit from April 1, 2022 to move-out date
Total Owing
$8,902 (Owed to Landlord)
Source
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