Landlord Wins Personal Use Case: Charles Lambrick v Bill Clark 2023
Windsor landlord evicts tenants for personal use, tenants ordered to pay $5158
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1181 Partington Avenue, Windsor, ON N9B2P3
Decision in favor of
landlord
Balance Owed to Landlord
$5,158
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jun 2023
Order Date
Jul 5, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord paid one month's rent compensation
- Landlord acted in good faith
- Tenancy terminated effective July 16, 2023
- Tenants owe $5,158 for use of unit from Feb 1 to June 13, 2023
- Tenants owe $46.03 per day from June 14, 2023 until move-out
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord genuinely intends to use the rental unit for his own personal residence for at least one year.
Arguments and Actions
Landlord
Actions
Landlord currently living with brother, relationship has become acrimonious. Landlord wants to move into rental unit for his own personal use.
Tenant
Actions
Tenant no longer responds to Landlord's calls or text messages after N12 notice was served.
Decision Summary
The tenancy is terminated effective July 16, 2023. The Tenants must move out by that date and pay the Landlord $5,158 for use of the unit from February 1 to June 13, 2023, plus $46.03 per day from June 14, 2023 until move-out. If the Tenants do not pay the full amount by July 16, 2023, they will owe interest at 6% annually on the outstanding balance.
Reason for Eviction Relief
Unfair to grant relief from eviction
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$1,400
Rent Deposit
$850
Deposit Interest
$114
Other Owed Amount
$5,158
Compensation for use of unit from Feb 1 to June 13, 2023
Total Owing
$5,158 (Owed to Landlord)
Source
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