Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Ho v Nichols-Lowrey, 2024 ONLTB 81567
File Number: LTB-L-035219-24
Application Date
Apr 2024
Hearing Date
Oct 2024
Order Date
Nov 1, 2024
Tenancy End Date
Jan 2025
The tenancy is terminated, and the Tenants must move out by January 15, 2025. If the unit is not vacated by that date, the Landlords may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
The Tenants are a family of four, and additional time is needed for them to find suitable living arrangements, considering their financial situation and the impact on their children's schooling.
Landlords applied for an order to terminate the tenancy and evict the Tenants because the Landlords have entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
The Landlords requested an eviction date of December 31, 2024 after having heard the Tenants' circumstances.
The Landlord testified that the Purchase and Sale Agreement was entered into on April 20, 2024 with a closing date of July 2, 2024. The closing date has been extended to November 29, on agreement with the Purchasers.
The Tenants requested the eviction be postponed for six months to allow them time to find a new home, considering their inability to afford higher rent, Ms. Anderson's health condition, and the desire to have their children complete the school year where they are.
The Tenant, David Douglas Nichols-Lowrey, testified that at the end of 2023, his wife suffered a seizure and was hospitalized for approximately one week. After being released, she has suffered from long- and short-term memory loss, impacting her ability to care for their children and work in the small store they own.
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Lawful Rent
$1,991
Rent Deposit
$1,991
Deposit Interest
$2,000
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