Kobielski v Partridge

Last updated: March 4, 2025

Order

Ordered by Kyle McGraw,Tribunals Ontario  under Section 69, Residential Tenancies Act, 2006

Order Date: February 18, 2025
*** Sidney St, Belleville, ON K8P4A4
Contested Dispute

Decision in favor of

Landlord

Ordered Amount

-

Dispute Categories

Notices Sent

Personal use (N12)

Subsections of RTA Quoted

83(1)(b)83(2)
ContentionHigh

Agree with the ruling?

Citation: Kobielski v Partridge, 2025 ONLTB 8749

File Number: LTB-L-055353-24

Timeline

Hearing Date

Jan 2025

1 months

Order Date

Feb 18, 2025

2 months

Tenancy End Date

Apr 2025

Decision

The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy between the Landlord and the Tenants is terminated. The Tenants must vacate the rental unit on or before April 30, 2025. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.

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Reason for Eviction Relief

The Tenants have two daughters with serious medical conditions, and one daughter will never be independent. The Tenants need time to find a suitable new residence.

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Landlord

Tenant

Representative | Paralegal

    Deanna Veinott

Dispute

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.

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Determinations

  • Landlord served valid N12 Notice
  • Landlord genuinely intends to occupy the rental unit for at least one year
  • Tenants were in possession on application date
  • Tenancy terminated, Tenants must vacate by April 30, 2025
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Landlord's Arguments

Actions and Evidence

The Landlord testified that he has been 'couch surfing' at a friend's home in Belleville Ontario for the last six months and wants to move into the rental unit. The Landlord's evidence is that his parents now reside in the house in Vancouver and his common law spouse resides with his parents while she finishes her last year of school. The Landlord further testified that his common law spouse will relocate to Ontario after finishing school.

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Tenant's Arguments

Arguments

The Tenants' representative submitted that the Landlord's N12 notice was served in bad faith because there have been two prior notices and the Landlord's reason for serving the notices keeps changing. The Tenant also submits that the Landlord served the N12 notice in bad faith because the Landlord has other places to live.

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Actions and Evidence

The Tenant testified that she has lived in the rental unit for 5 years and resides there with her husband and two daughters. The Tenant also acknowledged having prior hearings for rent arrears.

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Financial Details

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