Landlord Wins Personal Use Case: Wong v Xie 2023
LTB Rules on Personal Use Eviction: Wong v Xie Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
207 Hazelton Ave, Markham, ON L6C0L8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Mar 21, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord's spouse and children genuinely intend to occupy unit for at least one year
- Tenant is a full-time student with no active employment and relying on daughter for financial assistance
- Tenant was in possession on application date
Case Study
The Landlord's spouse and children genuinely intend to move into the rental unit and reside there for at least one year. The N12 Notice was served in good faith. However, the Tenant's circumstances, including being a full-time student with no active employment and relying on her daughter for financial assistance, warrant a postponement of the eviction to April 9, 2023 to balance the interests of the Landlord and Tenant.
Arguments and Actions
Tenant
Actions
Tenant is a full-time student with no active employment and relying on her daughter for financial assistance.
Decision Summary
The tenancy is terminated, and the Tenant must move out of the rental unit on or before April 9, 2023. 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.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$2,660
Source
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