Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: Jaikarran v Eddin, 2024 ONLTB 12911
File Number: LTB-L-053863-23
Application Date
Jul 2023
Hearing Date
Feb 2024
Order Date
Mar 19, 2024
Tenancy End Date
Jul 2024
The tenancy is terminated effective July 31, 2024. The Tenant must move out of the rental unit on or before July 31, 2024. If the unit is not vacated by July 31, 2024, then starting August 1, 2024 the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction can be enforced.
I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until July 31, 2024 pursuant to subsection 83(1)(b) of the Act. This will give the Tenant sufficient time to get his affairs in order and find accommodation suitable to him.
Landlord applied for an order to terminate the tenancy and evict the 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 his two daughters.
The Landlord testified he wants his two daughters to move into the rental unit so they can have their own space and privacy. The Landlord testified that in 2021 served a N13 because he wanted to do repairs to the rental unit and retracted it because at the time, the Tenant had personal issues and was sick.
The Tenant's legal representative Maria Sturino believes the Landlord's application should be dismissed because the two Declarations made by Tashena Jaikarran and Anjali Jaikarran were not signed and do not state that "intends to occupy for at least one year".
The Tenant argues that the Landlord is acting in bad faith because prior to being served the N12 he first told the Tenant he was moving in then was asked to pay $2,800.00 in rent. The Landlord also gave the Tenant a N13 because he wanted to renovate the rental unit.
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