Landlord Wins Personal Use Case: Keevallik v North 2023
Toronto landlords win personal use case, tenant given until August 2023 to vacate
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 115 Dunn Avenue, Toronto, ON M6K2R8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
May 12, 2023
Tenancy End Date
Aug 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of their daughter's residential occupation for at least one year.
Determinations
- Tenant in possession on application date
- Landlords served valid N12 notice
- Landlords' daughter requires unit for personal use for at least 1 year
Case Study
The Landlords have proven on a balance of probabilities the grounds for termination of the tenancy. The Landlords' daughter genuinely wants to move into the rental unit and live there for a period of at least one year.
Arguments and Actions
Landlord
Actions
The Landlords sent letters to other tenants in the building advising them that they were looking to move their daughter into the unit and that the tenants would need to vacate by June 30, 2022. The Landlords ultimately chose not to serve the other tenants with an N12 notice after they volunteered to pay an increase in rent.
Tenant
Actions
The Tenant stated that after receiving the notice, he looked for housing but was unable to find housing that was like his current situation in terms of cost, value, location, and amenities. He indicated that he would need six months to find adequate housing within his community in Toronto given the current rental market.
Decision Summary
The tenancy is terminated, and the Tenant must move out of the rental unit on or before August 31, 2023. If the unit is not vacated by that date, the Landlords may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction starting September 1, 2023.
Reason for Eviction Relief
The Tenant stated that after receiving the notice, he looked for housing but was unable to find housing that was like his current situation in terms of cost, value, location, and amenities. He indicated that he would need six months to find adequate housing within his community in Toronto given the current rental market.
Adjudicator Details
LTB Member
Total Orders
390
Landlord Favorable
85.6%
Tenant Favorable
7.2%
Mutual Agreement
7.2%
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Financial Details
Rent Deposit
$1,400
Source
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