Landlord Wins Personal Use Case: Cicciarella v Love 2024
Newmarket landlord wins personal use eviction, tenant granted 60-day extension to find new home
Summarized by RentZenLast updated: November 14, 2024
Case Summary
370 Selby Cres, Newmarket, ON L3Y6E1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Jun 2024
Order Date
Aug 30, 2024
Tenancy End Date
Oct 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant for personal use by the landlord's son, providing compensation and serving a valid N12 notice.
Determinations
- Landlord proved grounds for termination
- Tenant in possession on application date
- Lawful monthly rent is $2,500.00
- N12 notice served on December 8, 2023
- Tenant compensated one month's rent
- Landlord's son intends to occupy unit for at least one year
Case Study
Good faith requirement under subsection 48(1) of the Residential Tenancies Act, 2006 was examined, focusing on the genuine intention of the landlord's son to occupy the rental unit.
Arguments and Actions
Landlord
Actions
Landlord's home is becoming crowded with son and daughter living there with their partners
Procedural Errors
Initial declaration for personal use was unsigned
Tenant
Arguments
Requested 2-month delay in eviction to find suitable housing
Actions
Tenant has a 39-year-old daughter and 8-year-old grandson living in the unit, and is searching for housing that can accommodate their pets.
Decision Summary
Tenancy terminated, with Tenant required to vacate by October 29, 2024. Landlord's son will occupy the unit for personal use. Daily compensation of $82.19 applies if unit is not vacated by specified date.
Reason for Eviction Relief
Allow Tenant additional time to find appropriate housing
Adjudicator Details
LTB Member
Total Orders
21
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,500
Rent Deposit
$2,200
Deposit Interest
$341
Source
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