Landlord Wins Personal Use Case: Lapointe v Waram 2023
Sudbury tenant given 6 months to vacate after landlord wins personal use case, ordered to pay $7824
Summarized by RentZenLast updated: September 12, 2024
Case Summary
327 Mountain St, Sudbury, ON P3B2T8
Decision in favor of
landlord
Balance Owed to Landlord
$7,824
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Oct 2023
Order Date
Dec 6, 2023
Tenancy End Date
Feb 2024
Dispute Summary
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.
Determinations
- N12 notice was properly served
- Landlord requires unit for own residential use
- Tenant to vacate by February 28, 2024
- Tenant to pay compensation for use of unit
Case Study
The Landlord's genuine intention to occupy the rental unit for at least one year was accepted. The Tenant was required to vacate the unit, but was granted a delay in the eviction to allow time to find new accommodation.
Arguments and Actions
Landlord
Actions
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
Arguments
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.
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
To afford the Tenant a reasonable amount of time to find and secure other living accommodation
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$564
Other Owed Amount
$7,824
Compensation for use of unit from Sept 1, 2022 to Oct 31, 2023
Total Owing
$7,824 (Owed to Landlord)
Source
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