Landlord Wins Personal Use Eviction Case: Tao Zhang v Wanhong Cheng
Landlord successfully evicts tenant in Markham for personal use of rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
31 Beckett Avenue, Markham, ON L6C0W5
Decision in favor of
landlord
Balance Owed to Landlord
$267
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2021
Order Date
Jul 30, 2021
Tenancy End Date
Aug 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served valid N12 Notice
- Tenant in possession on application date
- Purchaser requires unit for personal use
- Landlord paid one month's rent compensation
- Monthly rent is $2,450
- No last month's rent deposit held
Case Study
The Landlord served the Tenant with a valid N12 Notice of Termination, and the purchaser has an agreement with the Landlord to purchase the residential complex and in good faith requires possession of the rental unit for the purpose of residential occupation. The Tenant's claim that the sale is 'fake' was not supported by any evidence.
Arguments and Actions
Tenant
Arguments
Tenant argued he has no place to go if evicted because he does not have any relatives or friends in the area.
Actions
Tenant believes the sale of the residential complex is 'fake' but provided no evidence to support this claim.
Decision Summary
The tenancy is terminated effective August 10, 2021. The Tenant must vacate the rental unit by August 10, 2021 and pay the Landlord $266.55, which includes compensation for use of the unit and the application filing fee. If the Tenant does not pay the full amount by August 10, 2021, they will start owing interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
558
Landlord Favorable
92.3%
Tenant Favorable
3.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$2,450
Application Fee
$186
Other Owed Amount
$81
Compensation for use of unit from July 31, 2021 to move-out date
Total Owing
$267 (Owed to Landlord)
Source
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