Tenant Wins Personal Use Eviction Case: Jaworksi v Scott 2024
Hamilton landlord's personal use eviction attempt dismissed by LTB due to lack of credible evidence
Summarized by RentZenLast updated: November 14, 2024
Case Summary
30 Sheridan Lane, Hamilton, ON L8S2A4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Sep 4, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord claims in good faith she requires possession of the rental unit for her own residential occupation for at least one year.
Determinations
- Landlord did not prove good faith intention to occupy
- Multiple previous N12 notices issued
- Inconsistent testimony about previous occupancy
- Evidence suggests potential bad faith
Case Study
The Board examined the Landlord's good faith intention to occupy the rental unit, considering past patterns of behavior and the credibility of evidence presented.
Arguments and Actions
Landlord
Arguments
Genuine intention to occupy the premises
Actions
Claimed desire to move into rental unit due to painful memories
Procedural Errors
Failed to fully disclose previous N12 notices
Aggravating Factors
Multiple N12 notices, inconsistent testimony about previous occupancy
Tenant
Arguments
Landlord failed to disclose all previous N12 notices
Actions
Provided evidence of potential harassment and bad faith by Landlord
Decision Summary
The Landlord's application was dismissed as the Board found insufficient evidence of good faith intention to occupy the rental unit.
Reason for Eviction Relief
Landlord did not demonstrate good faith intention to occupy
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
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