Landlord Wins Personal Use Case: Butera v Northrup 2023
Etobicoke tenants evicted for landlord's personal use, must vacate by September 30, 2023
Summarized by RentZenLast updated: September 12, 2024
Case Summary
4 Chapel Rd, Etobicoke, ON M8W1G1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Aug 11, 2023
Tenancy End Date
Sep 2023
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.
Determinations
- This is an L2 application based on an N12 to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation.
- The Tenants have lived in the rental unit since 2004.
- The Landlord collected a rent deposit of $1,130.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit, in the amount of $459.55 is owing to the Tenant for the period from September 1, 2004 to April 17, 2023.
- The last month's rent deposit shall be applied to the rent for the last month of the tenancy.
- The Landlords compensated the Tenants an amount equal to one month's rent by September 30, 2022 as required by sections 48.1 and 55.1 of the Act and the affidavit required by section 72(1.1) of the Act.
Case Study
The Landlord's testimony and evidence showed that they want to move into the rental unit with their children, who could not afford to have their own place. The Board found the Landlord's evidence credible and their testimony believable and consistent, and that the Landlord, in good faith, requires possession of the rental unit for residential occupation.
Arguments and Actions
Landlord
Actions
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.
Tenant
Arguments
The Tenant claims that the N12 notice was given to her in bad faith.
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
to give the Tenant sufficient time to find alternative housing as the Landlord demonstrated an urgency take possession of the unit
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Rent Deposit
$1,130
Deposit Interest
$460
Source
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