Chowdhury v Dash - Landlord Wins Personal Use Case
Oshawa tenant evicted for landlord's personal use, must vacate by October 31, 2024
Summarized by RentZenLast updated: October 13, 2024
Case Summary
105 Byng Ave, Oshawa, ON L1G3N2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2022
Hearing Date
Mar 2024
Order Date
Aug 15, 2024
Tenancy End Date
Oct 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlords served valid N12 notice
- Landlords require unit for own residential use for at least 1 year
- Tenant denied access to address maintenance issues
- Tenant's request for adjournment denied
Arguments and Actions
Landlord
Actions
Landlords served valid N12 notice, provided one-month's compensation, and require unit for own residential use.
Tenant
Arguments
Tenant argued N12 was invalid due to lack of unit number and original declaration did not comply with s.72 of the Act.
Actions
Tenant denied access to address maintenance issues, stated he would not ask for repairs if Landlord stopped trying to evict him.
Decision Summary
The tenancy is terminated effective October 31, 2024. If the Tenant does not vacate by that date, the Landlords may file the order with the Sheriff to enforce the eviction starting November 1, 2024. The Tenant shall pay the Landlord $48.40 per day for use of the unit starting November 1, 2024 until the Tenant moves out.
Reason for Eviction Relief
Tenant's advanced age and difficulty moving
Adjudicator Details
LTB Member
Total Orders
45
Landlord Favorable
91.1%
Tenant Favorable
8.9%
Mutual Agreement
0.0%
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