Landlord Wins Personal Use Case: Durowoju v Belward 2024
Windsor tenants evicted for landlord's personal use, owe $8051
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1461 Budapest Crt, Windsor, ON N9G3E4
Decision in favor of
landlord
Balance Owed to Landlord
$8,051
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Mar 2024
Order Date
Apr 2, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenants 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 in good faith for own residential use for at least 1 year
- Tenants were in possession on application date
- Landlords compensated Tenants 1 month's rent by Oct 31, 2023
- Tenants owe $10,405.58 in daily compensation from Nov 1, 2023 to Mar 18, 2024
- Rent deposit of $2,250 plus $104.83 interest owed to Tenants
- Eviction postponed to June 30, 2024 to allow Tenant's granddaughter to finish school year
Arguments and Actions
Landlord
Actions
Landlord FD testified that she moved to Africa in 2019 and now wants to return to Canada to be near her children and grandchildren and move into the rental unit.
Tenant
Actions
Tenant KC testified that she has sole custody of her 8-year-old granddaughter who has a learning disability and other conditions. KC requested a delay in eviction to allow her granddaughter to finish the school year.
Decision Summary
The tenancy is terminated effective June 30, 2024. The Tenants must vacate the unit by that date. The Tenants owe the Landlords $8,050.75, which includes compensation for use of the unit from November 1, 2023 to March 18, 2024, less the rent deposit and interest owed to the Tenants. If the Tenants do not pay the full amount by April 13, 2024, they will owe interest at 7% annually on the outstanding balance. If the unit is not vacated by June 30, 2024, the Landlords can file the order with the Sheriff to enforce the eviction.
Reason for Eviction Relief
To allow Tenant's granddaughter to finish the school year
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$2,277
Rent Deposit
$2,250
Deposit Interest
$105
Total Owing
$8,051 (Owed to Landlord)
Source
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