Butera v Gomes

The Landlord testified that they want to downsize; to do this, they want to move into the rental home and sell their own property. The Landlord explained that they want to move into this triplex unit to accommodate their two adult children, a 30-year-old son and a 29-year-old daughter, who live with them. Additionally, the son's girlfriend also resides with them, and it is deemed more suitable for everyone since each individual has their own space. This decision was due to financial constraints, as the children could not afford rent. The Landlord testified that he took a mortgage to purchase the rental and still has a mortgage on his current home. The Landlord claims he overspends about $5,000 monthly and must move into the rental unit immediately. The Landlord explained that he had listed the existing house for $1.5 million and provided a copy of the listing as evidence to show his home is up for sale.

The Tenant claims he has resided in the unit since 2006. The Tenant claims that the Landlord had discussed with him about continuing to use this property rental unit before purchasing the unit. The Landlord changed his mind about moving into the rental unit with him and his spouse occupying the upper floor, the daughter occupying the main floor, and the son occupying the basement. The Tenant alleges that the Landlord's inconsistent actions indicate a desire to force them to vacate the unit to re-rent it at a higher price, reflecting the current housing market and the debt acquired to purchase the rental property. The Tenant also claims that he occupies the upper unit with one student in room # 2 and the occupant in room # 3, who is not a student, as claimed by the Landlord. The Tenant claims the Landlord's daughter did not sign the affidavit, as the Act requires.