Kassam v Reznik

Last updated: January 12, 2025

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Order

Ordered by Ender Joseph,Tribunals Ontario  under Section 69, Residential Tenancies Act, 2006

Order Date: October 4, 2024
*** Lowther Ave, Richmond Hill, ON L4E4P4
Contested Dispute

Decision in favor of

Landlord

Dispute Categories

Notices Sent

Personal use (N12)

Subsections of RTA Quoted

48(1)83(1)(b)83(2)
ContentionModerate

Agree with the ruling?

Citation: Kassam v Reznik, 2024 ONLTB 74172

File Number: LTB-L-018710-24

Timeline

Hearing Date

Jul 2024

3 months

Order Date

Oct 4, 2024

2 months

Tenancy End Date

Nov 2024

Decision

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 tenancy is terminated November 30, 2024. However, the eviction is postponed until November 30, 2024 due to the length of the tenancy and the Tenant's two children.

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Reason for Eviction Relief

length of tenancy and Tenant's two children

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Dispute

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 by the Landlord's daughter.

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Determinations

  • Landlord served valid N12 Notice
  • Landlord provided compensation to Tenants
  • Landlord's daughter genuinely intends to occupy the rental unit
  • Tenants were in possession on application date
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenant submitted that he has lived in the unit for seven years and would require about 1-year to relocate. He submitted that he shares custody of his two children and that his ex-wife lives in close proximity to the rental unit.

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