Last updated: September 12, 2024
Ordered by Percy Laryea,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Butera v Northrup, 2023 ONLTB 56218
File Number: LTB-L-057332-22
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Aug 11, 2023
Tenancy End Date
Sep 2023
The tenancy between the Landlord and the Tenant is terminated, as of September 30, 2023. The Tenant must move out of the rental unit on or before September 30, 2023. If the unit is not vacated on or before September 30, 2023, then starting October 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. The Tenants shall pay the Landlord compensation of $38.79 per day for the use of the unit starting October 1, 2023 until the date the Tenants move out of the unit.
to give the Tenant sufficient time to find alternative housing as the Landlord demonstrated an urgency take possession of the unit
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.
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 Tenant claims that the N12 notice was given to her in bad faith.
The Tenant claims that this N12 notice was given to her in bad faith because the Landlords did not simultaneously put their house up for sale. The Tenant claims that the Landlord has different comments about who is moving into the rental unit, including the statement that the Landlord's father will be moving into the basement unit. The Tenant claims that the rental unit has five units because there are three separate rooms on the upper level, not three, as claimed by the Landlord. The Tenant claims that the Landlord's N12 notice was given to her in bad faith because he moved two new tenants into the unit in September 2022 and did not give these other tenants an N12 notice.
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Rent Deposit
$1,130
Deposit Interest
$460
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