Last updated: November 3, 2024
Ordered by Brenda Mercer,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Ates v Smith, 2024 ONLTB 30596
File Number: LTB-L-051381-23
Application Date
Mar 2023
Hearing Date
Mar 2024
Order Date
Apr 29, 2024
Tenancy End Date
Jun 2024
The Landlord's application to terminate the tenancy and evict the Tenants is granted. The tenancy is terminated, and the Tenants must move out by June 30, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant shall pay the Landlord compensation of $37.43 per day starting April 1, 2024 until the Tenant moves out. The Landlord owes the Tenant $1,249.14 for the rent deposit and interest, which is deducted from the amount owing by the Tenant.
To allow the Tenant's son to complete the school year
The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
Landlord testified that they purchased the home in June 2023 with the intent to move into the entire home, by removing the doors from the common entrance and utilize the entire home as one unit. The Landlord further testified that their parents are living in bad conditions in the Landlord's brother's basement waiting to move into the home with them, and they need their parents to live with them to allow the Landlord to return to work as they are struggling financially.
Tenant's mother sought relief from eviction because the Tenant and her son will be negatively affected by having to move.
Tenant's mother testified that the Tenant's 6-year-old son is autistic and moving would be detrimental to his development, behavior, and education. The Tenant has also been dealing with depression from the worry about having to move.
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Rent Deposit
$1,125
Deposit Interest
$124
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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