Grutta v Kelly: Balanced LTB Ruling on Personal Use Eviction
LTB grants landlord personal use of unit while providing tenant six months to find alternative housing
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 2623 Islington Ave, Etobicoke, ON M9V2X4
Dispute resolved in
agreement
Balance Owed to Tenant
$1,538
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Aug 30, 2024
Tenancy End Date
Mar 2025
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant for personal use by their child, providing one month's compensation and seeking vacant possession of the rental unit.
Determinations
- Landlords proved grounds for termination
- Tenant compensated with one month's rent
- Landlord's child requires unit for residential occupation
- Eviction postponed to March 31, 2025
Case Study
Considered tenant's circumstances under subsection 83(2) of the Residential Tenancies Act, 2006
Arguments and Actions
Landlord
Arguments
Requires unit for child's residential occupation for at least one year
Actions
Landlord's child recently married and wants independence from living with parents
Tenant
Arguments
Requested 18 months to relocate to avoid potential shelter placement and foster care for minors
Actions
Tenant is on fixed income, caring for three family members placed by Children's Aid Services, and seeking rent-geared-to-income housing
Decision Summary
Tenancy terminated effective March 31, 2025. Tenant must vacate the unit, with landlords to pay $1,537.62 in rent deposit and interest. Daily compensation of $29.26 applies from August 16, 2024, until move-out.
Reason for Eviction Relief
Tenant needs time to find alternative housing for herself and three family members placed by Children's Aid Services
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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Financial Details
Lawful Rent
$890
Rent Deposit
$800
Deposit Interest
$738
Total Owing
$1,538 (Owed to Tenant)
Source
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