Landlord Wins Personal Use Case: Ho v Cacilhas 2023
Windsor tenants evicted for landlord's personal use, owe $3981
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1112 Wellington Ave, Windsor, ON N9A5J9
Decision in favor of
landlord
Balance Owed to Landlord
$3,981
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2022
Hearing Date
Mar 2023
Order Date
Aug 10, 2023
Tenancy End Date
Sep 2023
Dispute Summary
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.
Determinations
- Landlord served valid N12 Notice
- Landlord requires unit for own residential occupation
- Tenant was in possession on application date
- Tenant must vacate by September 30, 2023
- Tenant owes daily compensation from October 1, 2022 to March 21, 2023
- Landlord entitled to application filing fee reimbursement
- Rent deposit to be applied to last month's rent
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord in good faith requires possession of the rental unit for the purpose of their own residential occupation for a period of at least one year.
Arguments and Actions
Landlord
Actions
The Landlord testified that he attempted to give the Tenant an amount equal to one month's rent by September 30, 2022 for the compensation required with the N12 notice. The Tenant refused to accept the rent compensation and testified that he believed if he did so he would imply that he consented to the eviction.
Tenant
Actions
The Tenant did not provide evidence that the Landlord did not intend to occupy the rental unit for a period of one year, rather the Tenant challenges the application based on the Tenant's circumstances and challenges in finding an alternate rental unit for his family.
Decision Summary
The tenancy is terminated and the Tenants must vacate the rental unit on or before September 30, 2023. The Tenant shall pay the Landlord $3,980.67, which includes compensation for use of the unit and the application filing fee, minus the rent deposit and interest. If the Tenant does not pay the full amount by September 30, 2023, the Tenant will start to owe interest.
Reason for Eviction Relief
The Tenants testified that due to their financial circumstances it would be difficult to find an affordable rental unit. The Tenant Joseph Cacilhas has just become employed. The Tenants have childcare in place for their children in the community and delaying the eviction will allow additional time for the Tenants to seek an alternate rental unit in the same community.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$786
Application Fee
$186
Rent Deposit
$650
Other Owed Amount
$4,445
Daily compensation for use and occupation of rental unit
Total Owing
$3,981 (Owed to Landlord)
Source
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