Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$6,283
to Landlord
Agree with the ruling?
Citation: Kazi v Deonarine, 2025 ONLTB 3828
File Number: LTB-L-066244-24
Application Date
Aug 2024
Hearing Date
Jan 2025
Order Date
Jan 21, 2025
Tenancy End Date
Apr 2025
The tenancy is terminated effective April 30, 2025. The Tenants must move out by that date. If the unit is not vacated by April 30, 2025, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement starting May 1, 2025. The Tenants must pay the Landlords $2,682.60 in compensation for use and occupation of the unit from November 1, 2024 to January 7, 2025, and an additional $39.45 per day starting January 8, 2025 until the Tenants move out.
The Tenants have lived at the rental unit for a long time and a few extra days will not be extremely prejudicial to the Landlord even though it may cause some inconvenience.
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year. The Landlords claimed compensation for each day the Tenants remained in the unit after the termination date.
The Landlord testified that he and his wife own the rental unit. The Tenants have lived there for 12 years at the same rent of $1,200.00. In fact, he decreased the rent from $1,300.00 to $1,200.00 after the Tenants moved in. The Landlord testified that his wife is working at Woodbine Mall in Etobicoke. Initially she was doing part-time work and would only have to travel to work one or two days in a week. Since July 2024, her hours are almost full-time hours. Her workplace is anywhere from one and a half hours to three hours away depending on the time of day and frequency of buses. His wife does not have a driver's license and does not drive at all. She has to either rely on buses or on him to pick her up.
The Tenant raised the issue that the Landlords served their disclosure late. The Tenant was served on January 3, 2025.
The Tenant testified that in July 2024 there was a basement flood and when the Landlord came and met her, he offered her money to move. She did not accept anything. She believes that Landlord is doing this in retaliation of the flood. He even told her he wanted to rent this place after renovating it. She is surprised that the Landlord's wife is working because she has a disability and uses a crutch to walk. The Tenant also knows that the Landlord's wife does not drive.
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Lawful Rent
$1,200
Rent Arrears
$3,600
Other Amount
$2,683
Compensation for use and occupation of the unit from November 1, 2024 to January 7, 2025
Ordered Amount
$6,283 (to Landlord)
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