Landlord Wins Personal Use Case: Yacub v Smith 2024
Etobicoke tenant must vacate unit by September 30, 2024, for landlord's son's personal use
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 840 Queen's Plate Dr, Etobicoke, ON M9W0E7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
Sep 6, 2024
Tenancy End Date
Sep 2024
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 by his son for at least one year.
Determinations
- Landlord proved good faith intention to occupy unit
- Tenant has been in unit for over 6 years
- No issues with existing tenancy
- Landlord's son requires unit for residential occupation
Arguments and Actions
Landlord
Arguments
Landlord claims good faith intention to have son occupy the unit for at least one year.
Actions
Landlord wants son to move out of basement and into this rental unit to provide more privacy.
Tenant
Arguments
Tenant argues that the commute time difference does not justify the move and questions the landlord's good faith.
Actions
Tenant has occupied the unit for over 6 years and opposes the eviction, requesting a 6-month delay to relocate.
Decision Summary
The tenancy is terminated. The Tenant must vacate the unit by September 30, 2024. If the unit is not vacated by this date, the Landlord may file this order with the Court Enforcement Office (Sheriff) to enforce the eviction starting October 1, 2024.
Reason for Eviction Relief
Tenant needs time to find alternative housing
Adjudicator Details
LTB Member
Total Orders
30
Landlord Favorable
80.0%
Tenant Favorable
13.3%
Mutual Agreement
6.7%
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