Landlord Wins Personal Use Case: Larose v Lebel 2023
Sudbury tenant evicted for landlord's personal use, owes $6268
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1,400 St. Raphael St, Sudbury, ON P3B1M4
Decision in favor of
landlord
Balance Owed to Landlord
$6,268
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Oct 2023
Order Date
Nov 14, 2023
Tenancy End Date
Dec 2023
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 by the Landlord's spouse's parent for at least one year.
Determinations
- Landlord in good faith requires possession of rental unit for spouse's parent
- Tenant in possession on application date
- Landlord served valid N12 notice
- Landlord compensated Tenant one month's rent
Case Study
The Landlord must establish that the Landlord's spouse's father genuinely intends to move into the unit. The Landlord's motives are largely irrelevant. The Landlord provided a signed declaration from the spouse's father stating he requires the rental unit for residential occupation for at least one year. The Tenant's testimony that she does not believe the Landlord's spouse's sister is moving to Iowa was not sufficient to doubt the Landlord's truthfulness or good faith intentions.
Arguments and Actions
Landlord
Actions
The house where the Landlord's spouse's father is living has not yet been sold.
Tenant
Actions
Tenant resides in the rental unit with her son who is attending school in the area. She has been looking for rental units and would like additional time to secure alternative housing.
Decision Summary
The tenancy between the Landlord and the Tenant is terminated effective December 31, 2023. The Tenant must move out of the rental unit on or before December 31, 2023. The Tenant shall pay the Landlord compensation for use of the unit from April 1, 2023 to the date the Tenant moves out. The Landlord owes the Tenant the rent deposit and interest, but can deduct compensation for use of the unit from October 6, 2023 until the Tenant moves out.
Reason for Eviction Relief
To allow the Tenant and her son time to secure alternative housing
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Lawful Rent
$1,030
Rent Deposit
$975
Deposit Interest
$98
Other Owed Amount
$6,366
Compensation for use of unit from April 1, 2023 to October 5, 2023
Total Owing
$6,268 (Owed to Landlord)
Source
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