Landlord Wins Personal Use Case: Gu v Edwards 2024
Milton landlord wins personal use case, tenants given until August 31 to vacate
Summarized by RentZenLast updated: November 3, 2024
Case Summary
873 Luxton Dr, Milton, ON L9T6Y4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
May 2023
Hearing Date
May 2024
Order Date
Jun 12, 2024
Tenancy End Date
Aug 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 by the Landlord and her daughter.
Determinations
- Landlord has proven grounds for termination of tenancy
- Tenants were in possession of rental unit on application date
- Rental unit is a 4-bedroom house, approximately 2700 sq. ft.
Arguments and Actions
Landlord
Actions
Landlord currently lives in a condo in Oakville and plans to sell the condo so she can move into the rental unit with her daughter and grandchildren. Landlord's daughter, YH, currently lives in Oakville with relatives with her young children and intends to move into the rental unit with her mother so she can help care for her children while she is working.
Tenant
Actions
Tenants believe the Landlord gave the N12 notice in bad faith because they want to re-rent the rental unit for a higher rent. Tenants do not believe YH needs to move into the rental unit when there are schools and treatment centres in Oakville that can accommodate her child.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy between the Landlord and Tenants will terminate on August 31, 2024. The Landlord's rent deposit shall be applied to the last month's rent. The eviction is postponed until August 31, 2024 to allow the Tenants to find alternative housing.
Reason for Eviction Relief
Tenants may experience some challenges in locating alternative housing, but the Landlord has the right to terminate the tenancy for their own use and the circumstances do not make it unfair to postpone the eviction until August 31, 2024.
Adjudicator Details
LTB Member
Total Orders
16
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Rent Deposit
$2,000
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.