Landlord Wins Personal Use Case: Hui Shao Chen v Jiefu Xu 2023
Markham tenant must vacate by July 31 after landlord sells property for personal use
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1 Upper Duke Crescent, Markham, ON L6G0B6
Decision in favor of
landlord
Balance Owed to Tenant
$2,118
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2021
Hearing Date
Apr 2023
Order Date
May 24, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord had entered into an agreement of purchase and sale for the rental unit, and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served valid N12 notice
- Purchasers require unit for residential occupation
- Landlord complied with technical requirements
- Landlord tendered required compensation
- Tenant agreed to vacate by July 31, 2023
Case Study
The Tenant agreed that the Landlord complied with the technical requirements of the Residential Tenancies Act, 2006 and does not dispute that the purchasers identified in the N12 notice genuinely intended, and still intend, to move into the unit for purposes of residential occupation and intend to live there for at least one year. The Landlord's tender of a cheque to the Tenant in the required compensation amount before the termination date on the N12 notice satisfied the requirements of the Act, whether or not the Tenant cashed the cheque. The Tenant's argument that the current landlords had to deliver a new N12 notice and start a new application was not accepted.
Arguments and Actions
Tenant
Arguments
The Tenant asserted that this L2 had to be dismissed and the current landlords had to deliver a new N12 for personal use under section 48 of the RTA and start a new L2 application based on that N12.
Decision Summary
The tenancy is terminated effective July 31, 2023. The Tenant must vacate the rental unit by that date. If the unit is not vacated by July 31, 2023, the current owners may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction starting August 1, 2023. The Tenant shall also pay the current owners compensation of $69.64 per day for the use of the unit starting April 29, 2023 until the date the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
140
Landlord Favorable
69.3%
Tenant Favorable
17.9%
Mutual Agreement
12.9%
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Financial Details
Other Owed Amount
$2,118
Compensation for termination of tenancy
Total Owing
$2,118 (Owed to Tenant)
Source
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