Landlord Wins Personal Use Case: Kellezi v Slipski 2024
Etobicoke tenants evicted for landlord's personal use, must vacate by April 2024
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1613 Lake Shore Blvd W, Etobicoke, ON M8V4G2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Feb 13, 2024
Tenancy End Date
Apr 2024
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 by the Landlord's son.
Determinations
- Landlord served valid N12 Notice
- Landlord's son requires the rental unit for residential occupation
- Landlord paid required compensation to Tenant
- Tenant in possession on application date
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord's son genuinely intends to move into the rental unit. The Tenant's allegation that the Landlord served the N12 notice to re-rent the unit for a higher amount is not supported by the evidence.
Arguments and Actions
Tenant
Arguments
The Tenant submitted that although they were paid compensation in the amount of $1,900.00, the lawful rent is $2,000.00 and as such, compensation has not been paid in full, pursuant to section 48.1 of the Residential Tenancies Act, 2006.
Actions
The Tenant testified that she believes the Landlord will re-rent the unit for a higher amount if the tenancy is terminated. The Tenant also testified that she moved out of the unit in 2021 due to marriage difficulties, then moved back in March 2022.
Decision Summary
The tenancy is terminated effective April 30, 2024. The Tenant must vacate the rental unit by this date. If the unit is not vacated by this date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Reason for Eviction Relief
The Landlord's son is not at risk of homelessness as he currently resides with his parents. Delaying the termination to April 30, 2024 is fair in the circumstances.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$2,000
Rent Deposit
$700
Deposit Interest
$37
Source
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