Tenants Win: Basra v Wagner Personal Use Eviction Dismissed
Tenants successfully challenge landlord's personal use eviction due to insufficient declaration
Summarized by RentZenLast updated: November 14, 2024
Case Summary
569 Elgin St N, Cambridge, ON N1R6A2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Oct 2023
Hearing Date
Jun 2024
Order Date
Sep 3, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants for personal use by the landlord's son. The application was dismissed due to an invalid declaration.
Determinations
- Landlord did not prove grounds for termination
- Declaration lacks specificity about one-year occupation
- Landlord's son did not testify
- Hearsay evidence not considered reliable
Case Study
The landlord failed to provide a valid declaration specifying good faith intention to occupy the unit for at least one year as required by the Residential Tenancies Act.
Arguments and Actions
Landlord
Actions
Claimed son intended to permanently occupy the unit
Procedural Errors
Failed to provide a compliant declaration and did not bring son to testify
Tenant
Arguments
Declaration did not specify good faith intention to occupy for one year
Actions
Challenged the validity of the landlord's declaration for personal use
Decision Summary
The Landlord's application was dismissed because the declaration did not meet the statutory requirements for terminating a tenancy for personal use.
Reason for Eviction Relief
Invalid declaration for personal use
Adjudicator Details
LTB Member
Total Orders
13
Landlord Favorable
53.9%
Tenant Favorable
30.8%
Mutual Agreement
15.4%
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