Landlord Wins Personal Use Case: Ichikawa v Toneguzzi 2024
Thunder Bay tenants face eviction for landlord's personal use, owe $1799
Summarized by RentZenLast updated: November 3, 2024
Case Summary
217 Westminster Street, Thunder Bay, ON P7C4M7
Decision in favor of
landlord
Balance Owed to Landlord
$1,799
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2024
Hearing Date
Mar 2024
Order Date
May 21, 2024
Tenancy End Date
Jun 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 also claimed compensation for each day the Tenants remained in the unit after the termination date.
Determinations
- Landlord has proven grounds for termination of tenancy
- Tenants must vacate by June 30, 2024
- Tenants were in possession on application date
- Landlord compensated Tenants by waiving $1,900 in rent arrears
- Landlord served valid N12 notice
- Landlord requires unit for personal use due to knee injury
- Landlord's current basement unit has more stairs than main floor
Arguments and Actions
Landlord
Actions
Landlord testified about his knee injury, difficulty with stairs, and intention to move into the main floor unit.
Tenant
Arguments
Tenants argued they should receive 'equitable compensation' for the discontinued amenities, but this was rejected as they did not file a T3 application.
Actions
Tenants described incidents of the Landlord blaring music, putting a cover on the thermostat, and an altercation on the stairs where the Landlord and Tenant's husband fell down together.
Decision Summary
The Landlord has established a genuine intent to live in the rental unit for at least one year due to his knee injury and difficulty with stairs in his current basement unit. However, considering the Tenant's recent surgery and health issues, as well as their caregiving responsibilities, the eviction is postponed to June 30, 2024. The Tenants must pay $1,799.05 in rent arrears and daily compensation starting April 1, 2024 until they vacate.
Reason for Eviction Relief
Tenant's recent surgery and health issues, as well as their caregiving responsibilities
Adjudicator Details
LTB Member
Total Orders
57
Landlord Favorable
82.5%
Tenant Favorable
7.0%
Mutual Agreement
10.5%
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Financial Details
Lawful Rent
$1,900
Rent Arrears
$1,900
Rent Deposit
$100
Deposit Interest
$1
Total Owing
$1,799 (Owed to Landlord)
Source
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