Landlord Wins Personal Use Case: Bourassa v Ambrose 2024
Landlord wins personal use eviction in Hamilton, but tenant granted delayed eviction to find new housing
Summarized by RentZenLast updated: November 3, 2024
Case Summary
100 Leeming St, Hamilton, ON L8L5T3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Jun 2024
Order Date
Jul 12, 2024
Tenancy End Date
Oct 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year for the Landlord and the Landlord's mother.
Determinations
- Landlord served valid N12 notice
- Landlord met end-of-rental period 60-day notice requirement
- Landlord met declaration requirement
- Landlord met one month's compensation requirement
- Landlord in good faith requires possession for residential occupation
- Landlord's current accommodations are cramped
- Landlord's mother has no stable place to reside
Arguments and Actions
Landlord
Actions
Landlord purchased the building in December 2023 with the intention of residing in the entire home. Landlord's current accommodations are small and contain insufficient space for more than one person. Landlord's mother has been 'couch surfing' with friends and without a stable place to reside.
Tenant
Actions
Tenant has resided at the rental unit for approximately 15 years and lives with her 15-year-old son. Tenant has health issues, does not work and is in receipt of social assistance. Tenant feels connected to the community, with her child's high school and her medical team in close proximity.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant for the purpose of residential occupation by the Landlord and the Landlord's mother is granted. However, the eviction is postponed until October 31, 2024 to allow the Tenant more time to find alternative housing.
Reason for Eviction Relief
Tenant has been proactive in housing search, additional time needed due to Tenant's personal circumstances
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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