Landlord Wins Personal Use Case: Iliyn v Ijiola Awolope 2024
Thornhill tenant faces eviction for landlord's personal use, owes $338
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 63 McClintock Cres, Thornhill, ON L4J2S7
Decision in favor of
landlord
Balance Owed to Landlord
$338
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jul 3, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's mother.
Determinations
- Landlord served valid N12 Notice
- Landlord paid one month's rent compensation
- Landlord genuinely requires unit for parent's residential occupation
- Tenant in possession on application date
- Tenant has not yet vacated the unit
Arguments and Actions
Landlord
Arguments
Landlord argued the Tenant's request for 8 months to vacate was unreasonable and unsupported by evidence.
Actions
Landlord's mother testified she intends to occupy the unit for at least one year to have privacy and address her medical needs.
Tenant
Arguments
Tenant argued the notice was issued in bad faith and the Landlord's conduct made it difficult for him to focus on finding new housing.
Actions
Tenant has withheld rent due to lack of written tenancy agreement and financial difficulties. Tenant stated he has not yet started looking for a new rental unit.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy and the claim for compensation. The tenancy will be terminated and the Tenant must vacate the rental unit on or before July 31, 2024. The Tenant owes the Landlord $338.23, which includes rent arrears and compensation for use of the unit. The Landlord is required to pay the Tenant the rent deposit and interest.
Reason for Eviction Relief
To give the Tenant time to find alternative accommodations
Adjudicator Details
LTB Member
Total Orders
21
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$850
Rent Arrears
$1,700
Rent Deposit
$850
Deposit Interest
$42
Total Owing
$338 (Owed to Landlord)
Source
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