Iozzo v C******* do Nascimento Filho
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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PDF provided by the Ontario LTB Order Catalogue
Citation: Iozzo v C******* do Nascimento Filho, 2026 ONLTB 43402
File Number: LTB-L-015201-26
Timeline
Hearing Date
May 2026
Order Date
Jun 8, 2026
Decision
The Landlord's application to terminate the tenancy for personal use is dismissed because the Landlord failed to establish good faith and the application was found to be retaliatory under s. 83(3)(c) of the Act.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants for landlord's own use (N12). The Tenants opposed the application, arguing bad faith and retaliation for refusing illegal rent increases above the guideline.
Determinations
- The Landlord has not proven on a balance of probabilities the grounds for termination of the tenancy or the claim for compensation in the application.
- The Landlord did not require possession of the rental unit in good faith.
- The application was brought in retaliation for the Tenants attempting to enforce their legal rights by refusing illegal rent increases.
Landlord's Arguments
Arguments
Landlord argued that she required the rental unit in good faith for her own residential occupation.
Actions and Evidence
Landlord testified that she wanted to move into the rental property because it had the highest monetary value and had been mostly upgraded.
Considerations
Attempting to impose illegal rent increasesRetaliating against tenants for enforcing legal rights by issuing an N12 notice
Tenant's Arguments
Arguments
Tenant argued that the N12 notice was served in bad faith and as retaliation for refusing illegal rent increases.
Actions and Evidence
Tenant refused an above-guideline rent increase requested on September 29, 2025, and received an N12 notice of termination the following day.
Considerations
Similar Cases
Click to switch between order outcomes
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 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.
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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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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.
Chen v Alshehadat
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.
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.
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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.
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.
Chen v Alshehadat
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.
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.
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.
The Landlord's application for personal use termination is granted, but eviction is postponed to allow the Tenant time to secure alternative housing.
Martin-Boudreau v Landry
The Landlord's application for personal use eviction was granted as the N12 notice was found to be in good faith and the tenant agreed to vacate by the specified termination date.
Wallig v Mendoza
The Landlord successfully obtained an eviction order for personal use under section 69, with the tenancy terminated and eviction postponed to August 31, 2026.
An LTB order terminated a tenancy for personal use under section 69 of the Act, granting a postponement of the eviction date under section 83(1)(b).
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