Landlord Wins Personal Use Case: Kooner v Ahmad 2024
Windsor landlord wins personal use case, but eviction delayed to help tenant family
Summarized by RentZenLast updated: October 13, 2024
Case Summary
4277 Spago Cres, Windsor, ON N9G2Z7
Dispute resolved in
agreement
Balance Owed to Landlord
$7,630
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2024
Order Date
Mar 15, 2024
Tenancy End Date
Jun 2024
Dispute Summary
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.
Determinations
- Landlord has proven grounds for termination of tenancy and claim for compensation
- Tenants were in possession of rental unit on application date
- Landlord served N12 notice on 2023-07-31 with termination date of 2023-09-30
- Landlord requires unit for own residential occupation for at least 1 year
- Landlord currently lives in Mississauga, wants to move back to Windsor
- Landlord plans to sell Mississauga home
- Landlord's testimony shows genuine intent to occupy unit
- Tenant's claim of $500 rent increase not supported by evidence
- Landlord compensated Tenants 1 month's rent by 2023-09-30
- Tenants owe $9,772.60 for use of unit from 2023-10-01 to 2024-02-22
- Tenants owe $67.40/day from 2024-02-23 until move-out date
- Landlord owes Tenants $2,142.42 for rent deposit and interest
Arguments and Actions
Landlord
Actions
Landlord lived in Windsor for 35 years, wants to move back for lower cost of living, quieter neighborhood, and to be closer to friends/family.
Tenant
Arguments
Tenants request until summer 2024 to vacate to avoid disrupting children's school year.
Actions
Tenants reside in unit with 5 children, ages 1-15. Tenants on fixed income, would be financially devastating to move.
Decision Summary
The tenancy is terminated effective June 30, 2024. The Tenants must vacate the unit by that date. If they do not, the Landlord can file the order with the Sheriff to enforce the eviction. The Tenants owe the Landlord $7,630.18, which includes compensation for use of the unit and the Landlord owes the Tenants $2,142.42 for the rent deposit and interest.
Reason for Eviction Relief
The Tenants have 5 children and it would be financially devastating for them to move on short notice. The prejudice to the Tenants outweighs the prejudice to the Landlord.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
10.0%
Tenant Favorable
85.0%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$2,050
Rent Deposit
$2,050
Deposit Interest
$92
Total Owing
$7,630 (Owed to Landlord)
Source
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