Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$7,824
to Landlord
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Citation: Lapointe v Waram, 2023 ONLTB 79001
File Number: LTB-L-036206-22
Application Date
Dec 2022
Hearing Date
Oct 2023
Order Date
Dec 6, 2023
Tenancy End Date
Feb 2024
The tenancy is terminated effective February 28, 2024. The Tenant must vacate the unit by this date. The Tenant is ordered to pay the Landlord $7,823.75 in compensation for use of the unit from September 1, 2022 to October 31, 2023, and an additional $18.53 per day from November 1, 2023 until the Tenant vacates.
To afford the Tenant a reasonable amount of time to find and secure other living accommodation
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenant challenged the service of the N12 notice, but the Landlord's evidence was accepted that the notice was properly served.
Landlord said he currently lives with his parents in a basement room and needs the rental unit for his own residential use, as it is a one-bedroom unit that better suits his needs than the other larger unit in the building.
Tenant argued the N12 notice was not properly served and that the Landlord's true motive was to increase the rent rather than occupy the unit himself.
Tenant said he would need 6-8 months to find a new place to live due to the amount of personal property he has, the difficulty in finding affordable rentals, and the convenience of the current location for his work and activities.
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Lawful Rent
$564
Other Amount
$7,824
Compensation for use of unit from Sept 1, 2022 to Oct 31, 2023
Ordered Amount
$7,824 (to Landlord)
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