Landlord Wins Personal Use Case: Li v Amador 2024
Newmarket tenants evicted for landlord's personal use, owe $9044
Summarized by RentZenLast updated: October 13, 2024
Case Summary
803 Shanahan Blvd, Newmarket, ON L3X1P9
Decision in favor of
landlord
Balance Owed to Landlord
$9,044
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Jan 2024
Order Date
Feb 21, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord has genuine intention to move into the rental unit with her daughter for at least one year
- Tenants were in possession of the rental unit on the application date
- Landlord compensated Tenants one month's rent
Arguments and Actions
Landlord
Actions
Landlord said she and her daughter cannot continue living in their temporary accommodation, which feels like a hotel room. Landlord said it is mentally unhealthy for her and her daughter, and that it is particularly mentally difficult for her to have nowhere to go after her separation.
Tenant
Arguments
Tenant suggested that the Landlord's application is retaliatory because the previous N12 notices were 'dismissed'. Tenant said there have been '6 or 7' different applications by the Landlord to evict the Tenants based on N12 notices.
Actions
Tenant said the proceedings have had a significant impact on the mental health of his family and have caused great strain. Tenant said that if the tenancy is terminated, he would need until September to find new living accommodation for his family.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord genuinely intends to move into the rental unit with her daughter and live there for at least one year. The Tenants must move out of the rental unit on or before April 19, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenants shall pay the Landlord $9,043.79, less any amounts the Tenants have paid the Landlord for rent for the relevant periods.
Reason for Eviction Relief
To balance the Landlord's need to move into more permanent accommodation with her young daughter, and provide the Tenants with a reasonable amount of time to find new 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
$2,080
Rent Deposit
$2,000
Deposit Interest
$240
Other Owed Amount
$11,283
Compensation for use and occupation of the rental unit from August 1, 2023 to January 12, 2024
Total Owing
$9,044 (Owed to Landlord)
Source
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