Landlord Wins Personal Use Case: Jorjani v Riad 2023
Newmarket tenants evicted for landlord's personal use, owe $5016
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 640 Irwin Cres, Newmarket, ON L3Y5A2
Decision in favor of
landlord
Balance Owed to Landlord
$5,016
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2023
Tenancy End Date
Jul 2023
Order Date
Dec 7, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord in good faith requires possession for own use
- Tenants in possession on application date
- Tenancy terminated as of July 31, 2023
- Tenant to pay daily compensation from August 1, 2022 to move-out date
- Rent deposit to be applied to last month's rent
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord in good faith requires possession of the rental unit for the purpose of their own residential occupation for a period of at least one year. The Tenant was required to pay the Landlord daily compensation for use and occupation of the rental unit, and the last month's rent deposit shall be applied to the rent for the last month of the tenancy.
Arguments and Actions
Landlord
Actions
Both the Landlord and the Landlord's spouse testified that they purchased the property with the intention of taking over the entire premises for their own use. They testified that this was a condition of their agreement of purchase and sale with the previous owner. The Landlord and the Landlord's spouse both testified that they are starting a family and do not wish to be Landlords at all. They have no intention of ever renting out the unit, as they want the entire property for their growing family.
Tenant
Actions
The Tenant M. Riad testified that he has been a tenant since May 2017 and that he has been a very good Tenant. He believes that because the unit is registered as a legal unit, the Landlords have no grounds to evict him. His daughter was a teenager when they moved into the unit and she still stays with him on occasion at the unit.
Decision Summary
The tenancy is terminated effective July 31, 2023. The Tenants must move out by this date. If the unit is not vacated by July 31, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants must pay the Landlord $5,015.51, which represents compensation for use of the unit from August 1, 2022 to February 7, 2023, less the rent deposit and interest owed on the deposit. The Tenants must also pay the Landlord $31.33 per day for use of the unit from February 8, 2023 until the move-out date. If the full amount is not paid by July 31, 2023, the Tenants will owe interest at 6% annually on the outstanding balance.
Reason for Eviction Relief
The Tenant is a retired senior citizen who has lived in the unit for 6 years and requires some time to move out.
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$953
Rent Deposit
$953
Deposit Interest
$16
Other Owed Amount
$5,016
Compensation for use of unit from August 1, 2022 to February 7, 2023, less rent deposit and interest
Total Owing
$5,016 (Owed to Landlord)
Source
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