Landlord Wins Personal Use Case: Gaster v Franklyn 2024
Toronto landlords win personal use case, tenants ordered to vacate and pay $12557
Summarized by RentZenLast updated: November 3, 2024
Case Summary
73 Coleman Ave, Toronto, ON M4C1P8
Decision in favor of
landlord
Balance Owed to Landlord
$12,557
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jul 2023
Hearing Date
Feb 2024
Order Date
Jun 13, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord genuinely intends to reside in the rental unit for at least one year
- Landlord provided one month's compensation to Tenants
- Tenants owe $12,556.62 in daily compensation
Arguments and Actions
Landlord
Actions
Landlords testified they genuinely require the rental unit for their own residential occupation, as they have been living with the Landlord's parents since returning from Colombia, which has been difficult for their family, especially their daughter.
Tenant
Arguments
Tenants believed the Landlords were acting in bad faith and wanted to ensure the Landlords' intention was genuine.
Actions
Tenants testified they were good tenants, always paid rent on time, and did not cause any damage to the rental unit.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy and the claim for compensation. The tenancy is terminated, and the Tenants must vacate the unit by June 24, 2024. The Tenants owe the Landlord $12,556.62 in compensation for use of the unit from October 1, 2023 to February 15, 2024, plus additional daily compensation until the unit is vacated.
Adjudicator Details
LTB Member
Total Orders
48
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$12,557
Compensation for use of unit from Oct 1, 2023 to Feb 15, 2024
Total Owing
$12,557 (Owed to Landlord)
Source
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