Landlord Wins Personal Use Case: Lin v Cheng 2024
Toronto tenant evicted for landlord's personal use, owes $9876
Summarized by RentZenLast updated: October 13, 2024
Case Summary
165 Simpson Ave, Toronto, ON M4K1A5
Decision in favor of
landlord
Balance Owed to Landlord
$9,876
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Feb 2024
Order Date
Feb 28, 2024
Tenancy End Date
Apr 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 by the Landlord's child.
Determinations
- Landlord served valid N12 notice
- Landlord compensated Tenant one month's rent
- Landlord's son intends to occupy unit for at least one year
- Tenant has three children, eldest has connection to classmate
- Tenant needs until end of March to move out
Arguments and Actions
Tenant
Arguments
The Tenant questioned the good faith intentions of the Landlord's son in moving into the rental unit on the basis of the contemporaneous timing to the hot water/renovation email, and the discrepancy of whether the Landlord, or both the Landlord and her child will occupy the unit.
Actions
The Tenant testified that when they moved into the rental unit they were "pretty happy" and enjoyed a "good life". It was only after the issues with hot water arose that the Landlord sought to have the Tenant vacate the rental unit.
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective April 30, 2024. The Tenant must pay the Landlord $9,876.42, which includes compensation for use of the unit from September 25, 2023 to the termination date, less the rent deposit and interest. If the Tenant does not pay the full amount by April 30, 2024, they will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
The Tenant has three children, one of whom has made a connection with a classmate, and the Tenant would require until the end of March to move out.
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
89.4%
Tenant Favorable
6.4%
Mutual Agreement
4.3%
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Financial Details
Lawful Rent
$2,850
Rent Deposit
$2,850
Deposit Interest
$110
Other Owed Amount
$12,837
Compensation for use of unit from Sept 25, 2023 to Feb 8, 2024
Total Owing
$9,876 (Owed to Landlord)
Source
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