Tenant Wins Personal Use Eviction Case: Gee v Forster 2024
84-year-old tenant successfully defends against landlords' personal use eviction attempt
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 63 Glasgow Street North, Guelph, ON N1H4W4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Jul 2024
Order Date
Sep 9, 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant for personal use, claiming they require possession of the rental unit for residential occupation for at least one year. The application was dismissed after the Board found the Landlords did not prove good faith intention to occupy the unit.
Determinations
- Landlords did not prove good faith intention to occupy
- Rental unit would see only occasional use
- Tenant is 84 years old and on fixed income
- Tenant would struggle to find comparable housing
Case Study
The Board applied the good faith test from Feeney v. Noble and considered the Landlords' motives and conduct in seeking possession of the unit.
Arguments and Actions
Landlord
Actions
Landlords want additional space for family and friends visits
Aggravating Factors
Wanting to use rental unit only for occasional family visits
Tenant
Arguments
Unit is well-suited to lifestyle and enables high degree of independence
Actions
Tenant is 84 years old, living on fixed income of $2,100/month, paying $1,311 for rental unit
Decision Summary
The Landlords' application for eviction was dismissed. The Board found that the Landlords did not demonstrate a genuine intention to occupy the unit as a primary residence and that eviction would significantly impact the vulnerable Tenant.
Reason for Eviction Relief
Tenant is 84 years old, on fixed income, and would struggle to find comparable housing
Adjudicator Details
LTB Member
Total Orders
35
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,311
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.