Landlord Wins Personal Use Case: Andrea Kintree v Gayle Carpenter 2023
Chatham landlord wins personal use case, tenant must vacate by January 2024
Summarized by RentZenLast updated: September 12, 2024
Case Summary
120 Lorne Ave, Chatham, ON N7M1S1
Decision in favor of
landlord
Balance Owed to Landlord
$15
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Jun 2023
Order Date
Jun 9, 2023
Tenancy End Date
Jan 2024
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant 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 requires unit for personal use
- Tenancy terminated effective 2024-01-31
- Landlord waived application filing fee
- Landlord to file amended declaration
Case Study
The parties agreed to the termination of the tenancy effective January 31, 2024, with the landlord waiving the application filing fee. The landlord will upload an amended declaration to the Tribunals Ontario Portal noting that the rental unit will be the landlord's primary residence for a period of at least one year.
Decision Summary
The tenancy is terminated effective January 31, 2024. If the unit is not vacated by that date, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The tenant shall owe the landlord $14.66 per day starting February 1, 2024 until the tenant vacates the unit.
Adjudicator Details
LTB Member
Total Orders
15
Landlord Favorable
60.0%
Tenant Favorable
0.0%
Mutual Agreement
40.0%
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Financial Details
Lawful Rent
$446
Other Owed Amount
$15
Compensation for each day the Tenant remains in the unit after the termination date
Total Owing
$15 (Owed to Landlord)
Source
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