Comeau v Mason - Landlord Wins Personal Use Case
Landlords successfully terminate tenancy for personal use, Tenant ordered to vacate by September 2024
Summarized by RentZenLast updated: October 13, 2024
Case Summary
782 Magnolia Ave, Newmarket, ON L3Y3C7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Jun 2024
Order Date
Aug 29, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlords applied 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 have proven they require unit for own residential occupation in good faith
- Tenant was in possession on application date
- Tenancy began in April 2020, lawful monthly rent is $1,300
- Landlords gave valid N12 notice on October 27, 2023 with termination date of December 31, 2023
- Landlords compensated Tenant one month's rent as required
Case Study
The Board found that the Landlords have proven on a balance of probabilities that they in good faith require possession of the rental unit for purposes of their own occupation. The Landlords met the requirements under section 72(1) of the Residential Tenancies Act, 2006 by filing a declaration stating that they require the rental unit for their own personal use, in good faith, for a period of no less than one year. While the Tenant offered reasonable suspicions, the Board was not satisfied that they were sufficient to cast doubt on the Landlords' intentions.
Arguments and Actions
Landlord
Arguments
The Landlords submit that the L2 application has been brought in good faith, that there is a genuine intention for the Landlords to live in the rental unit and request that the tenancy be terminated as soon as possible.
Actions
The Landlord, Erin Comeau, testified that he is a property inspector in Toronto and is no longer allowed to work remotely from his home in Muskoka. He requires a place to live in Toronto for work, and the rental unit is a one-bedroom unit which suits his needs. He denied that minor damage to the flooring from a flood was the reason the Landlords gave the N12 notice to the Tenant, and he also denied that he had any plans to turn the apartment into an office.
Tenant
Arguments
The Tenant's position is that she believes the Landlord is not acting in good faith and does not intend to move into the rental unit.
Actions
The Tenant believes the Landlords are not acting in good faith and do not intend to move into the rental unit. The Tenant states that prior to receiving the N12 notice, the Landlord, Erin Comeau, told her that he had sold his home and needed a place to stay, but he could have occupied the upper unit of the house when it was vacant. The Tenant also states that a housing worker from CMHA told her that the Landlord, Darren Cunliffe, had said that Mr. Comeau was not moving into the rental unit, but was going to turn it into an office.
Decision Summary
The tenancy between the Landlords and the Tenant is terminated. The Tenant must move out of the rental unit on or before September 30, 2024. If the unit is not vacated by that date, the Landlords may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Landlords owe the Tenant $1,387.55 which is the amount of the rent deposit and interest on the rent deposit.
Reason for Eviction Relief
The Board found that while the Tenant may experience some difficulties in locating alternative housing, a delay of eviction until September 30, 2024 is appropriate given the circumstances.
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
83.9%
Tenant Favorable
9.7%
Mutual Agreement
6.5%
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Financial Details
Lawful Rent
$1,300
Rent Deposit
$1,300
Deposit Interest
$88
Source
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