Landlord Wins Personal Use Case: Zheng v Nowroozy Safa 2021
Landlord regains possession of East Gwillimbury rental unit for personal use, tenant ordered to pay compensation
Summarized by RentZenLast updated: July 26, 2024
Case Summary
23 Robert Baldwin Boulevard, East Gwillimbury, ON L9N0R3
Decision in favor of
landlord
Balance Owed to Landlord
$4,939
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Aug 2021
Order Date
Oct 8, 2021
Tenancy End Date
Nov 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord in good faith requires possession of the rental unit for the purpose of residential occupation
- Landlord required to return to Canada and reside here full-time to maintain permanent resident status
- No evidence to support Tenant's belief that Landlord possesses other properties in Canada
- Landlord does not own other property in Canada
- Tenant's belief about Landlord's permanent resident status not evidence of bad faith
- Landlord genuinely intends to reside at the rental unit indefinitely
Case Study
The Landlord in good faith requires possession of the rental unit for the purpose of residential occupation. The Landlord was required to return to Canada and reside here full-time to maintain his status as a permanent resident. The Tenant's belief that the Landlord should already be residing in Canada to maintain his permanent resident status is not evidence of the Landlord's bad faith. The Landlord genuinely intends to reside at the rental unit indefinitely.
Arguments and Actions
Landlord
Arguments
Landlord's representative opposed postponing the eviction by six months, arguing that the Tenant did not submit any evidence that his and his mother's medical conditions have interfered with their ability to find new accommodations since receiving the notice of termination.
Actions
Landlord resides in China and is required to return to Canada and reside here full-time to maintain his permanent resident status.
Tenant
Arguments
Tenant asked for the eviction to be postponed for six months to give him and his mother time to find new accommodations.
Actions
Tenant and his mother, a senior citizen, require additional time to find new accommodations due to their medical conditions and limited income from ODSP and CPP-D.
Decision Summary
The tenancy is terminated effective November 30, 2021. The Tenant must move out of the rental unit on or before November 30, 2021. The Tenant shall pay the Landlord $4,868.64 for use of the unit from August 1, 2021 to October 8, 2021, and $70.56 per day for use of the unit from October 9, 2021 to the move-out date. If the Tenant does not pay the full amount by October 19, 2021, the Tenant will owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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Financial Details
Deposit Interest
$21
Damages
$4,869
Other Owed Amount
$71
Compensation for use of unit from October 9, 2021 to move-out date
Total Owing
$4,939 (Owed to Landlord)
Source
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