Goshovskyy v Gigantes: Landlord Personal Use Eviction with Tenant Accommodation
Landlord granted personal use eviction with extended timeline for tenant to find new home
Summarized by RentZenLast updated: November 14, 2024
Case Summary
49 Batavia Avenue, Toronto, ON M6N4A1
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Aug 2023
Hearing Date
Jul 2024
Order Date
Aug 29, 2024
Tenancy End Date
Nov 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant for personal use after divorce, claiming he requires the rental unit for his own residential occupation for at least one year.
Determinations
- Lease renewal clause found void
- Landlord acting in good faith
- Eviction postponed until November 30, 2024
- Tenant to pay daily compensation
Case Study
Review of landlord's good faith intention to occupy the rental unit, considering lease renewal clause and circumstances of divorce.
Arguments and Actions
Landlord
Arguments
Good faith requirement for personal use, lease renewal clause is void
Actions
Living in workplace warehouse, going through divorce, needs unit for personal use
Tenant
Arguments
Lease renewal clause allows unilateral extension, N12 notice is retaliatory
Actions
Tenant attempted to renew lease, refused to sign N11, changed locks after perceived threatening behavior
Decision Summary
Tenancy terminated with postponed eviction until November 30, 2024, allowing Tenant reasonable time to find alternative accommodation. Landlord to pay rent deposit and interest to Tenant.
Reason for Eviction Relief
Tenant has young child, needs time to find suitable accommodation
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$2,900
Rent Deposit
$2,900
Deposit Interest
$165
Total Owing
-$165 (Owed to Tenant)
Source
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