Last updated: March 4, 2025
Ordered by Kyle McGraw,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Kobielski v Partridge, 2025 ONLTB 8749
File Number: LTB-L-055353-24
Hearing Date
Jan 2025
Order Date
Feb 18, 2025
Tenancy End Date
Apr 2025
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.
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.
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.
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.
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.
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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