Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$1,799
to Landlord
Agree with the ruling?
Citation: Ichikawa v Toneguzzi, 2024 ONLTB 33741
File Number: LTB-L-002909-24
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.
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.
Tenant's recent surgery and health issues, as well as their caregiving responsibilities
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.
Landlord testified about his knee injury, difficulty with stairs, and intention to move into the main floor unit.
Tenants argued they should receive 'equitable compensation' for the discontinued amenities, but this was rejected as they did not file a T3 application.
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.
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Lawful Rent
$1,900
Rent Arrears
$1,900
Rent Deposit
$100
Deposit Interest
$1
Ordered Amount
$1,799 (to Landlord)
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