Ates v Smith - Landlord Wins Personal Use Case at LTB
Landlords win LTB case to evict tenants for personal use, but granted extension to allow child to finish school year
Summarized by RentZenLast updated: November 3, 2024
Case Summary
48 Lake Avenue Dr, Stoney Creek, ON L8G3N3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Mar 2024
Order Date
Apr 29, 2024
Tenancy End Date
Jun 2024
Dispute Summary
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.
Determinations
- Landlord has proven grounds for termination of tenancy
- Tenant was in possession of rental unit on application date
- Landlord gave N12 notice on June 29, 2023 with termination date of August 31, 2023
- Landlord paid one-month compensation of $1,138.50 to Tenant on July 10, 2023
- Landlord has genuine intention to occupy unit for at least one year
Arguments and Actions
Landlord
Actions
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
Arguments
Tenant's mother sought relief from eviction because the Tenant and her son will be negatively affected by having to move.
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
To allow the Tenant's son to complete the school year
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
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Financial Details
Rent Deposit
$1,125
Deposit Interest
$124
Source
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