Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$5,365
to Landlord
Agree with the ruling?
Citation: Lindo v Whynot, 2025 ONLTB 3827
File Number: LTB-L-042172-24
Application Date
May 2024
Hearing Date
Jan 2025
Order Date
Jan 20, 2025
Tenancy End Date
Mar 2025
The Landlord has proven on a balance of probabilities that he requires the rental unit for his own residential occupation due to his health issues. The Tenant's concerns about the Landlord's motives are speculative. While the Tenant faces hardship with the eviction, a delay until March 31, 2025 is granted to allow the Tenant to find alternative accommodation.
Tenant has an 8-year-old daughter and limited income, and has not taken concrete steps to find another unit despite knowing the Landlord's intention
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Landlord testified that he has owned the house for 43 years and occupies the 2nd and 3rd floor, but is struggling with his health issues and needs to move into the basement unit.
Tenant argued that the Landlord previously told her she could stay in the unit as long as she wanted, and that the Landlord is evicting her to renovate and charge higher rent.
Tenant testified that she believes the Landlord is doing everything he can to make her life difficult, including calling Children's Aid Society and the police on her.
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Lawful Rent
$1,020
Other Amount
$5,365
Daily compensation for use and occupation of the rental unit from August 1, 2024 to January 7, 2025
Ordered Amount
$5,365 (to Landlord)
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