Landlord Wins Personal Use Case: Bao v Chan 2024
Landlord wins personal use case, North York tenants face eviction so landlord's mother can occupy unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 24 Lowbank Crt, North York, ON M2M 3A4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
May 2024
Order Date
May 31, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's mother S.L.
Determinations
- Landlord served valid N12 Notice
- Landlord compensated Tenants one month's rent
- Landlord requires unit for mother's residential occupation for at least one year
- Tenants disputed Landlord's good faith
- Landlord's previous rent increase attempts considered
- Landlord's conduct of locking utility room and denying internet access considered
- Landlord's intention to have mother occupy unit found genuine
Arguments and Actions
Landlord
Arguments
Landlord rejects the suggestion that his motives for this application involve getting more rent. He explained that he resiled from his attempt to get an unlawful rent increase as soon as he learned of his mistake, and that 'family is more important than money'.
Actions
Landlord and his mother S.L. testified that S.L. used to live with the Landlord and his family in the upper unit until April 2023, when S.L. had a falling out with the Landlord and moved out. As of June 2023, the Landlord and S.L. have reconciled and they would like to live together again, with S.L. living in the rental unit in the basement.
Tenant
Arguments
Landlord's plan to have his mother occupy the unit is not genuine, and the real aim is to evict them so the Landlord can re-rent the unit for more money.
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective June 13, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants shall pay the Landlord compensation of $53.92 per day starting June 14, 2024 until they move out. The Landlord owes the Tenants $70.84 in interest on the rent deposit.
Reason for Eviction Relief
to allow Tenants to find alternative accommodation
Adjudicator Details
LTB Member
Total Orders
2
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,640
Rent Deposit
$1,100
Deposit Interest
$71
Source
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