Imam v Cruz
Last updated: February 7, 2026
Order
Ordered by Joy Xiao,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Agree with the ruling?
Citation: Imam v Cruz, 2025 ONLTB 84072
File Number: LTB-L-058502-25
Timeline
Hearing Date
Oct 2025
Order Date
Nov 10, 2025
Decision
The Landlord's application to evict the Tenant for personal use was dismissed due to a lack of good faith. Evidence showed the Landlord primarily sought vacant possession to sell the property. Because the eviction was denied, the Tenant is ordered to repay the $1,094.00 compensation previously provided by the Landlord by November 21, 2025.
Dispute
The Landlord applied to terminate the tenancy for personal use (N12 notice), claiming he needed the unit due to retirement and financial hardship. The Tenant challenged the application, presenting evidence that the Landlord had been trying to sell the property for years and only issued the N12 after the Tenant refused to vacate to facilitate a sale.
Determinations
- The Landlord did not prove a genuine good faith intention to occupy the unit.
- The application for termination and eviction is dismissed.
- The Landlord's attempts to sell the property preceded the N12 notice.
- The N12 was served immediately following the Tenant's refusal to vacate for a sale.
- The Tenant must repay the N12 compensation since the application was dismissed.
Landlord's Arguments
Arguments
The Landlord argued he sincerely required the unit for his own use for at least one year.
Actions and Evidence
Landlord testified he is 72, retired, and requires the unit for personal use due to financial hardship. Landlord's messages in April 2025 stated he 'had to proceed with a sale and required the Tenant to vacate'.
Considerations
Served N12 notice only two days after the tenant refused to vacate for a property sale.
Tenant's Arguments
Arguments
The Tenant argued that the Landlord's primary aim was to evict him to facilitate a sale of the property, not for personal residential occupation.
Actions and Evidence
Tenant challenged the genuineness of the Landlord's intention and submitted text messages from 2024 and 2025 showing the Landlord's repeated requests to vacate for a sale.
Similar Cases
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The LTB terminated the tenancy for purchaser's own use under section 69 of the Act, granting a brief postponement of eviction under section 83.
McKenna v Keelan-Bishop
An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
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The LTB terminated the tenancy for personal use, finding the Landlord established a genuine good faith intent to occupy the rental unit due to medical and caregiving needs.
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An LTB adjudicator granted a landlord's personal use eviction application, finding a good faith intent to occupy the unit despite previous notices and maintenance complaints, while granting a postponed eviction date due to tenant hardship.
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Gupta v Karda
The LTB ordered the Tenant to pay for property damage repair costs and application fees after determining the Tenant caused undue damage, while dismissing the eviction claim as moot since the Tenant had already vacated.
The Landlord and Tenant Board denied the Tenant's review request of a personal use eviction order, confirming the original order and holding that review requests cannot be used to seek further relief from eviction.
Akbari v Bittorf
The Landlord's personal use eviction application was granted, but the eviction was postponed to the end of the year due to the Tenant's exceptional personal and health circumstances.
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The LTB granted an eviction order for demolition under section 69 of the RTA, dismissing the tenant's claims regarding permits, compensation unit counts, and bad faith, while postponing eviction to October 31, 2026.
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