info v Hamilton: Personal Use Eviction Case in Kitchener, ON
LTB Ruling: Personal Use Eviction Delayed for Family with Young Children
Summarized by RentZenLast updated: July 22, 2024
Case Summary
232 Sophia Cres, Kitchener, ON N2R1X8
Decision in favor of
landlord
Balance Owed to Landlord
$9,399
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Feb 16, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords in good faith require possession of the rental unit for residential occupation for at least one year. The Landlords also claimed compensation for each day the Tenants remained in the unit after the termination date.
Determinations
- Eviction postponed to 2023-06-16 due to consideration of hardships
- Landlords compensated Tenants one month's rent by 2022-06-30
- Landlords in good faith require possession for residential occupation
- Landlords served valid N12 Notice on 2022-04-14
- Tenants required to pay compensation for use and occupation from 2022-07-01 to 2023-01-25
Case Study
The Landlords successfully proved their case for termination based on personal use. The Tenants' speculation about the Landlords' intentions was given less weight than the Landlords' testimony. The Board considered the hardships of both parties and granted a delayed eviction date to allow the Tenants more time to find suitable housing for their family.
Arguments and Actions
Landlord
Arguments
Landlords claim they require vacant possession for their own residential occupation for at least one year.
Actions
Landlords served an N12 notice and compensated Tenants with one month's rent.
Tenant
Arguments
Tenants speculated that Landlords would not want to move into the rental unit due to a seized garage door.
Actions
Tenants remained in the unit after the termination date specified in the N12 notice.
Decision Summary
The tenancy is terminated effective June 16, 2023. Tenants must pay $9,213.40 for use and occupation from July 1, 2022 to January 25, 2023, plus $51.75 per day from January 26, 2023 until they move out. Tenants must also pay $186.00 for the application filing fee. The eviction order expires on December 17, 2023 if not filed with the Sheriff.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
87.6%
Tenant Favorable
4.4%
Mutual Agreement
8.0%
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Financial Details
Lawful Rent
$1,574
Application Fee
$186
Rent Deposit
$1,574
Deposit Interest
$28
Other Owed Amount
$10,816
Compensation for use and occupation from 2022-07-01 to 2023-01-25
Total Owing
$9,399 (Owed to Landlord)
Source
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