Landlord Wins Personal Use Case: Coleman v Phillips 2024
Brampton landlord wins personal use eviction, but tenant granted extended timeline due to medical needs
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 48 Bottlebrush Dr, Brampton, ON L6R2Z6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Feb 2024
Order Date
May 13, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's good faith requirement of the rental unit for personal residential occupation for at least one year. The Tenant raised preliminary issues regarding the N12 notice and compensation, which were addressed by the Adjudicator.
Determinations
- Landlord served valid N12 notice
- Landlord compensated Tenant for one month's rent
- Landlord genuinely requires unit for own residential use
- Tenant has not found alternative housing
- Tenant's daughter has medical appointments nearby
Arguments and Actions
Landlord
Actions
Landlord testified that they require the rental unit for their own residential occupation, as their husband has returned from Jamaica and the Landlord's husband and mother do not get along well. The Landlord also testified that their husband's daughter will be moving from Jamaica to Canada and will be residing with the Landlord and their family.
Tenant
Arguments
Tenant argued that the Landlord's previous N12 notices are indicative of bad faith, and that the Landlord is in serious breach of their responsibilities under the Act.
Actions
Tenant lives in the rental unit with her 2-year-old daughter who has a physical disability. The rental unit is within walking distance of the daughter's medical appointments.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant for the Landlord's own use is granted. However, the eviction is postponed until August 31, 2024 due to the Tenant's personal circumstances, including her daughter's medical needs and the Tenant's difficulty in finding alternative housing.
Reason for Eviction Relief
Tenant's daughter's medical needs and difficulty finding alternative housing
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
91.9%
Tenant Favorable
4.8%
Mutual Agreement
3.2%
Need assistance from an expert?
Sponsored
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.