Landlord Wins N12 Case: Lewis v Riley 2023
Pickering landlord wins N12 case, tenant must vacate by April 12
Summarized by RentZenLast updated: September 12, 2024
Case Summary
615 Sunbird Trail, Pickering, ON L1X2X7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2022
Hearing Date
Feb 2023
Order Date
Mar 30, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord having entered into an agreement of purchase and sale of the rental unit, and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Tenant was in possession on application date
- Landlord served valid N12 notice
- Landlord entered purchase agreement
- Purchaser requires unit for own residential use
- Landlord paid one-month rent compensation
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation (for possible overholding) in the application. The Tenant contested the good faith basis of the Landlord's application and underlying notice, but the evidence shows the purchase agreement is a bona fide agreement and the purchaser has a good faith intention to occupy the unit for at least one year.
Arguments and Actions
Tenant
Actions
Tenant contested the good faith basis of the Landlord's application and underlying notice, and claimed the Landlord has failed before the LTB with a separate L2/N12-based application.
Decision Summary
The tenancy is terminated effective April 12, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for eviction enforcement starting April 13, 2023. The Tenant shall pay the Landlord $49.32 per day for use of the unit after April 13, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
640
Landlord Favorable
89.4%
Tenant Favorable
4.2%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$1,500
Source
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