Landlord Wins Personal Use Case: Elliott v Bentz 2024
Ottawa tenants evicted for landlord's personal use, given until March 31 to move out
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 1000 Wellington St W, Ottawa, ON K1Y2X9
Decision in favor of
landlord
Balance Owed to Tenant
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Feb 2024
Order Date
Feb 27, 2024
Tenancy End Date
Mar 2024
Dispute Summary
Landlords applied for an order 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 served valid N12 notice
- Landlords genuinely intend to occupy the rental unit for at least one year
- Tenant was in possession on application date
- Landlords compensated Tenant one month's rent
Arguments and Actions
Landlord
Arguments
The Landlords' Legal Representative requested an immediate order terminating the tenancy and evicting the Tenants given the Landlords' financial hardship and health concerns.
Actions
Both Landlords filed declarations with this application and testified at the hearing that they want to move back into their condo, the rental unit and will reside there for at least one year. Both Landlords testified that this is the only property they own. JE testified that they are currently residing in a temporary accommodation in Florida. JE also testified that they are experiencing financial hardship related to health care expenses and need to come back to Canada to re-establish their residency to obtain the necessary health care required for EK. EK testified that she was diagnosed with an aggressive form of breast cancer which is currently in remission after being in treatment for the last year. EK testified that there is a likelihood of reoccurrence and that she needs to move back to Canada to re-establish her OHIP to ensure health care coverage. EK testified that she was also diagnosed with Parkinson's disease and has difficulty with her gait and balance which affects her mobility. EK testified that their condo is only one level and the building has an elevator which is ideal for her accessibility needs.
Tenant
Arguments
The Tenant's Legal Representative requested a delay in the eviction to May 31, 2024 given the current rental market and the difficulty finding another rental unit.
Actions
The Tenant testified that he did not know the Landlords' health issues until this application was filed. He testified that he was surprised when he received the N12 notice as prior conversations with the Landlords suggested he continue the tenancy on a long term basis. The Tenant also testified that he is experiencing his own health issues and financial hardship as a result of losing his employment.
Decision Summary
The Landlords' application to terminate the tenancy and evict the Tenant is granted. The Tenant must move out by March 31, 2024. If the Tenant does not vacate by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction starting April 1, 2024. The Landlord owes the Tenant $85.62 for interest on the rent deposit.
Reason for Eviction Relief
The Landlords currently reside out of country and it may take some time to pack and relocate back to Canada. The Tenant has paid February's rent and the Landlord is holding a last month's rent deposit which will be applied to March 2024. The Tenant did testify that he could move in with family although that option is not preferred.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Lawful Rent
$2,500
Rent Deposit
$2,500
Deposit Interest
$86
Source
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