Landlord Wins N12 Case: Bilski v Stange 2024
Chatham tenant evicted for landlord's personal use, owes $3691
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 24 Raleigh St, Chatham, ON N7M2M7
Decision in favor of
landlord
Balance Owed to Landlord
$3,691
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2024
Order Date
Feb 22, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord compensated Tenant one month's rent
- Landlord owns residential complex with 3 units
- Landlord intends to combine upper front and rear units
- Landlord requires unit for himself and 3 children
- Tenant currently occupies upper front unit
- Landlord's current unit too small for family
Arguments and Actions
Tenant
Actions
Tenant claims Landlord is doing 'reno-victions' and has not obtained building permits.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy under the N12 notice. The tenancy is terminated effective April 30, 2024. The Tenant shall pay the Landlord compensation for use of the unit from August 1, 2023 to the date the Tenant vacates, and the Landlord's application fee.
Reason for Eviction Relief
Tenant has two school-aged children and needs time to find alternate accommodations
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
87.1%
Tenant Favorable
9.7%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$564
Application Fee
$186
Other Owed Amount
$3,505
Compensation for use of unit from Aug 1, 2023 to Feb 5, 2024
Total Owing
$3,691 (Owed to Landlord)
Source
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