Landlord Wins Personal Use Case: Hossain v Bartley 2024
Oshawa tenant faces eviction as landlord requires unit for personal use
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 1446 Wilson Rd N, Oshawa, ON L1K2B6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 30, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlords served valid N12 Notice
- Landlords compensated Tenant one month's rent
- Landlords require unit for personal use
- Tenant in possession on application date
Arguments and Actions
Landlord
Actions
The Landlords claim that they require vacant possession of the rental unit for the purpose of residential occupation by the Landlord, his spouse and their child.
Tenant
Arguments
The Tenant submits that the Landlords' application was not made in good faith and that they want the Tenant to vacate so that they could rent the unit out for a higher amount.
Actions
The Tenant testified that he returned the compensation to the Landlords because he believed it was a mistake.
Decision Summary
The Landlords have proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy is terminated on August 31, 2024. The Tenant must move out of the rental unit on or before August 31, 2024. If the unit is not vacated on or before August 31, 2024, then starting September 1, 2024, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
Reason for Eviction Relief
The Tenant has resided in the rental unit since 2008 and requires time to vacate.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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