Estate of Van Leeuwen v Brown - Landlord Wins Personal Use Case
Landlord wins personal use case, tenant ordered to vacate and pay $14973 in compensation
Summarized by RentZenLast updated: September 12, 2024
Case Summary
143 Mill Street, Angus, ON L0M1B2
Decision in favor of
landlord
Balance Owed to Landlord
$14,973
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2021
Hearing Date
Dec 2022
Order Date
Jan 4, 2023
Tenancy End Date
Jan 2023
Dispute Summary
The Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords have entered into an agreement of purchase and sale of the rental unit and the purchasers in good faith require possession of the rental unit for the purpose of residential occupation.
Determinations
- Tenant was in possession on application date
- Landlord served valid N12 notice
- Landlord offered rent waiver and sent compensation
- Tenant did not accept compensation
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord offered the Tenant a rent waiver and sent an e-transfer equal to one month's rent to the Tenant to pay the required compensation, but the Tenant did not accept it. It cannot have been the Legislature's intent that a tenant whose landlord wants the unit for residential occupation by a purchaser could unilaterally frustrate the entire process by simply refusing to accept the required compensation.
Decision Summary
The tenancy is terminated effective January 15, 2023. The Tenant must move out of the rental unit on or before January 15, 2023. The Tenant shall pay the Landlords $14,972.54, which represents compensation for the use of the unit from August 1, 2021 to December 19, 2022, and an additional $29.59 per day for compensation for the use of the unit starting December 20, 2022 to the date the Tenant moves out of the unit.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
Need assistance from an expert?
Sponsored
Financial Details
Rent Deposit
$900
Other Owed Amount
$14,973
Compensation for use of unit from 2021-08-01 to 2022-12-19
Total Owing
$14,973 (Owed to Landlord)
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.