Chumakaeva v Liu

Last updated: December 14, 2024

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Order

Ordered by Teresa Hunt,Tribunals Ontario  under Section 69, Residential Tenancies Act, 2006

Order Date: August 14, 2024
*** 10 Capreol Crt, Toronto, ON M5V4B3
Contested Dispute

Decision in favor of

Landlord

Dispute Categories

Notices Sent

Personal use (N12)

Subsections of RTA Quoted

48(1)83(1)83(2)
ContentionModerate

Agree with the ruling?

Citation: Chumakaeva v Liu, 2024 ONLTB 59147

File Number: LTB-L-007255-24

Timeline

Application Date

Jan 2024

7 months

Hearing Date

Jul 2024

15 days

Order Date

Aug 14, 2024

11 days

Tenancy End Date

Aug 2024

Decision

The Landlord's application to terminate the tenancy and evict the Tenants is granted. The Tenants must vacate the rental unit by August 25, 2024. The Tenants owe the Landlord $5,818.83, less any amount already paid, which must be paid by August 25, 2024. If not paid, the Tenants will owe interest at 7% annually starting August 26, 2024.

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Dispute

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.

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Determinations

  • Landlord served valid N12 Notice
  • Landlord requires unit in good faith for own residential use for at least 1 year
  • Landlord compensated Tenant 1 month's rent as required
  • Tenant owes $8,563.17 in daily compensation from April 1 to July 30, 2024
  • Tenant owes $70.77 per day from July 31, 2024 until move-out date
  • Landlord owes Tenant $2,930.34 for rent deposit and interest
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Landlord's Arguments

Actions and Evidence

Landlord testified she recently separated from her spouse and wants to move back to Toronto to live in the rental unit for at least 1 year.

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Tenant's Arguments

Arguments

Tenant argues the Landlord has given multiple erroneous rent increase notices in the past.

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Actions and Evidence

Tenant believes the Landlord is evicting them in bad faith to increase the rent.

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