Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$4,686
to Landlord
Agree with the ruling?
Application Date
Sep 2023
Hearing Date
Sep 2024
Order Date
Nov 15, 2024
Tenancy End Date
Jan 2025
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent was granted, with the Tenant ordered to pay $4,686 in rent arrears and application costs. The Landlord's separate application to terminate the tenancy for personal use was also granted, with the Tenant ordered to vacate the unit by January 31, 2025. The Tenant was granted an extension until the end of January 2025 to vacate the unit, as the Landlord's need for personal use was not found to be urgent.
Tenant's children are in school and he requested until December to vacate
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent and the Landlord's good faith requirement of the rental unit for personal use. The Tenant initially challenged the rent arrears, but it was determined that the Tenant had paid the rent within the period claimed in the N4 notice. The Landlord then proceeded with the application for arrears only. The Landlord also served a valid N12 notice for personal use, and the Tenant agreed to being provided a compensation cheque, though he did not cash it.
Landlord's Legal Representative submitted that the Landlord and his wife are getting older and are currently living in a house that has stairs, and they would like the unit as it is a condo and has no stairs.
Tenant raised issues such as mould in the unit and a broken window, but this evidence was not filed in accordance with the Board's rules and were not considered.
Tenant testified that the Landlord had been at the unit two months prior to the hearing with a realtor and had taken measurements, but the Tenant received no other information regarding renovations.
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Lawful Rent
$2,250
Rent Arrears
$4,500
Application Fee
$186
Ordered Amount
$4,686 (to Landlord)
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