Landlord Wins Personal Use Case: Hwang v Chang 2024
North York landlord wins personal use eviction case, tenant must vacate by July 31, 2024
Summarized by RentZenLast updated: November 3, 2024
Case Summary
53 Bartley Dr, North York, ON M4A2V7
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jan 2023
Hearing Date
Apr 2024
Order Date
May 1, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord gave the Tenant an N12 notice with a termination date of December 31, 2022. The Tenant requested a review of the original order, which was granted, and the matter was reheard.
Determinations
- Landlord filed application within 30 days of termination date
- Landlord has proven grounds for termination of tenancy
- Landlord genuinely intends to occupy the unit for at least 1 year
- Landlord compensated Tenant with 1 month's rent
- Tenant has paid rent up to April 30, 2024
- Tenant owes compensation of $17.10 per day from May 1, 2024
- Landlord owes Tenant $527.78 for rent deposit and interest
Arguments and Actions
Landlord
Actions
Landlord said she currently lives at the residential complex, and that she has lived there since 2006, with the exception of a period of about one year where she lived elsewhere. Landlord said she moved back into the house on October 1, 2022 and the basement room is just a bedroom, it is not a basement apartment. Landlord said she has to share kitchen, bathroom, and laundry facilities with the Tenant and she is not comfortable with this situation.
Tenant
Arguments
Tenant argued the Landlord ought to have given him an N13 notice under section 50 of the Act, and not an N12 under section 48.
Actions
Tenant said he feels uncomfortable with the parties' living situation and there had been some recent confrontations between them. Tenant said his rent is only $520 per month, which is low, and that he was recently laid off so he is not in a position to secure other accommodation right now.
Decision Summary
The Landlord's request to review the previous order is granted. The Landlord's application to terminate the tenancy and evict the Tenant is granted. The Tenant must vacate the unit by July 31, 2024. The Tenant owes the Landlord compensation of $17.10 per day from May 1, 2024 until the Tenant vacates. The Landlord owes the Tenant $527.78 for the rent deposit and interest.
Reason for Eviction Relief
To give the Tenant a reasonable amount of time to secure new living accommodation
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$520
Rent Deposit
$520
Deposit Interest
$28
Source
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