Last updated: January 12, 2025
Ordered by Jane Dean,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Guzman v Mcivor, 2024 ONLTB 55028
File Number: LTB-L-087186-23
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 31, 2024
Tenancy End Date
Aug 2024
The Landlord has proven on a balance of probabilities that he has a good faith intention to have his father occupy the rental unit for at least one year. The tenancy is terminated effective August 31, 2024. The Landlord must apply the last month's rent deposit to the last month of the tenancy, and pay the Tenant $441.29 in interest on the rent deposit.
To give the Tenant some time to find alternate housing while also limiting the prejudice to the Landlord and his father
Landlord applied for an order to terminate the tenancy and evict the 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's father. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Landlord testified he initially wanted to be able to use the rental unit's gym facilities, but did not pursue this further after the Tenants objected. Landlord also testified that he initially planned to sell the rental unit, but decided against it after consulting a realtor.
Tenant alleges Landlord demanded they be 'occupants' rather than 'tenants', the idea to move Landlord's father in is illogical, and Landlord wants to rent the unit for more money.
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Rent Deposit
$1,900
Deposit Interest
$441
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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