Landlord Wins Personal Use Case: Lin v Fang 2023
Burlington tenant given until January 2024 to vacate for landlord's personal use
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 5148 Porter Street, Burlington, ON L7L6K8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Nov 27, 2023
Tenancy End Date
Jan 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.
Determinations
- Landlord served valid N12 Notice
- Tenant was in possession on application date
- Landlord requires unit for own residential use
- Landlord compensated Tenant 1 month's rent
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord genuinely intends to occupy the unit for a period of at least one year due to a breakdown in his relationship with his parents with whom he currently resides.
Arguments and Actions
Landlord
Arguments
The Landlord submitted that the Tenant has already had 7 months to find another place to live and no further delay is warranted.
Actions
The Landlord testified that he requires the unit for his own use due to a breakdown in his relationship with his parents with whom he currently resides.
Tenant
Arguments
The Tenant requested 1 year to vacate the rental unit.
Actions
The Tenant testified that he does not believe the Landlord will move into the unit as the Landlord was served a previous N12 notice in July 2022 and advertised the unit for rent after that.
Decision Summary
The tenancy is terminated, and the Tenant must move out by January 31, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Reason for Eviction Relief
The Tenant has lived in the unit since January 2022 and has tried to look for other units, but they are not affordable compared to what he is paying now. Delaying the termination until January 31, 2024 is fair in all the circumstances.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Rent Deposit
$1,000
Deposit Interest
$44
Source
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