Landlord Wins Personal Use Case: Le v Steeves 2023
Landlord wins personal use eviction in Hamilton, but tenant granted delayed move-out date
Summarized by RentZenLast updated: September 12, 2024
Case Summary
3 Janet Court, Hamilton, ON L8E4X8
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2022
Hearing Date
Jun 2023
Order Date
Sep 27, 2023
Tenancy End Date
Nov 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Landlord's good faith requirement of the rental unit for personal use, the Tenant's substantial interference with the Landlord's reasonable enjoyment, the Tenant or someone the Tenant permitted causing damage to the premises, and the Tenant or someone the Tenant permitted committing an illegal act. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. The Tenant requested a review of the order and that the order be stayed until the request to review the order is resolved.
Determinations
- Landlord gave notice of termination in good faith for personal use
- No serious breach of Landlord's responsibilities under the Act
- No harassment by Landlord
- No retaliation for Tenant enforcing rights
- Tenant's circumstances not remarkable, can find suitable accommodation
Case Study
The scope of the review was to determine whether the Board erred in failing to admit and consider evidence related to the exercise of the Board's discretion to deny or delay the eviction. The Tenant's request for an adjournment to summon additional witnesses was denied as the evidence sought was outside the scope of the review. The Board proceeded to hear evidence and submissions on whether, having regard to all the circumstances, it would not be unfair to deny or delay the eviction.
Decision Summary
The tenancy is terminated, but the eviction is delayed until November 30, 2023 to allow the Tenant time to find new accommodation.
Reason for Eviction Relief
Tenant's circumstances not remarkable, can find suitable accommodation
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
90.2%
Tenant Favorable
4.8%
Mutual Agreement
5.0%
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