Landlord Wins Personal Use Case: Chen v Rimes de Almeida 2024
Toronto landlord regains possession for personal use, tenant ordered to pay $12472
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 35 Bales Ave, Toronto, ON M2N7L7
Decision in favor of
landlord
Balance Owed to Landlord
$12,472
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Mar 2024
Order Date
Mar 21, 2024
Tenancy End Date
May 2024
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 has genuine intention to reside in unit for at least one year
- Tenants were in possession on application date
- Landlord compensated Tenants one month's rent
Arguments and Actions
Landlord
Actions
Landlord testified she wants to move back to Toronto and reside in the rental unit for at least one year.
Tenant
Actions
Tenants challenged the good faith of the Landlord, stating the realtor tried to pressure them to move out without an N12 notice.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants is granted. The tenancy is terminated and the Tenants must move out by May 31, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Landlord owes the Tenants $2,539.79 for the rent deposit and interest, which is deducted from the amount the Tenants owe the Landlord. The Landlord is authorized to deduct $79.85 per day from the amount owed to the Tenants for compensation for use of the unit from March 7, 2024 until the Tenants move out.
Reason for Eviction Relief
To allow Tenants to find new accommodations
Adjudicator Details
LTB Member
Total Orders
41
Landlord Favorable
85.4%
Tenant Favorable
14.6%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,429
Rent Deposit
$2,429
Deposit Interest
$111
Other Owed Amount
$15,012
Daily compensation for use and occupation of the rental unit from September 1, 2023 to March 6, 2024
Total Owing
$12,472 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.