arparalegals v Mowat: Personal Use Eviction in Woodstock, ON
Landlord's daughter to occupy Woodstock rental, tenants ordered to pay $12811 compensation
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1534 Caen Ave, Woodstock, ON N4T0J9
Decision in favor of
landlord
Balance Owed to Landlord
$12,997
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Mar 20, 2023
Tenancy End Date
Mar 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord's daughter requires possession of the rental unit for residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
Determinations
- Compensation owed for extended occupancy
- Landlord met 'good faith' requirement
- Landlord served valid N12 Notice
- Landlord's daughter intends to occupy unit
- Tenants absent from hearing
- Tenants in possession on application date
Case Study
The Landlord's application was successful because they satisfied the 'good faith' requirement set out in subsection 48(1) of the Residential Tenancies Act, 2006. The Landlord's daughter testified about her genuine intention to move into the rental unit with her husband for at least 12 months. The Tenants could have potentially challenged the eviction by attending the hearing and presenting evidence that contradicted the Landlord's claim or demonstrated bad faith.
Arguments and Actions
Landlord
Arguments
Landlord argued that they require possession of the rental unit for the purpose of residential occupation by their child, as per subsection 48(1) of the Residential Tenancies Act, 2006.
Actions
Landlord provided compensation equal to one month's rent by cheque dated March 1, 2022. Landlord's daughter testified about her intention to move into the rental unit with her husband.
Tenant
Actions
Tenants did not attend the hearing and did not vacate the property after receiving the N12 notice.
Procedural Errors
Tenants failed to attend the hearing, potentially missing an opportunity to challenge the eviction.
Decision Summary
The tenancy is terminated effective March 31, 2023. Tenants must pay $12,811.12 for compensation of use from May 1, 2022 to January 25, 2023, plus $53.72 per day from January 26, 2023 until move-out. Tenants must also pay $186.00 for application filing costs. If not paid by March 31, 2023, interest will accrue at 5% annually.
Adjudicator Details
LTB Member
Total Orders
390
Landlord Favorable
85.6%
Tenant Favorable
7.2%
Mutual Agreement
7.2%
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Financial Details
Lawful Rent
$1,634
Application Fee
$186
Rent Deposit
$1,599
Deposit Interest
$94
Other Owed Amount
$14,505
Compensation for use and occupation from May 1, 2022 to January 25, 2023
Total Owing
$12,997 (Owed to Landlord)
Source
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