Landlord Wins Personal Use Case: Lorusso v Wilkinson 2023
Kincardine tenant must vacate by June 30 as landlord's son plans to occupy unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
294 Harbour St, Kincardine, ON N2Z2X9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2023
Order Date
May 29, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord's son in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenant claimed the Landlord gave the N12 notice in bad faith due to previous defective N12 notices and the Landlord's attempt to increase the rent above the guideline.
Determinations
- Landlord served valid N12 Notice
- Landlord's son intends to occupy unit for one year
- Landlord paid one month's rent compensation
- Tenant received compensation
Case Study
The evidence shows that the Landlord's son genuinely intends to reside in the rental unit for one year. The existence of difficulties between the parties does not place a reverse onus on the Landlord to show that he has not acted in bad faith. The Landlord disclosed the previous N12 notices in the application, and the Tenant was not prejudiced in their ability to investigate patterns in the Landlord's use of N12 notices.
Arguments and Actions
Landlord
Actions
The Landlord testified that his son, who lives with him, uses the main floor and the basement of the rental unit as his advanced studio. The Landlord testified that his son wants to move into the rental unit to live and work at the residential unit as it would save him money and time to live and work together in the same residential unit.
Tenant
Arguments
The Tenant claims that he received the first N12 notice as a form of retaliation because the Landlord's son had never shown interest in moving into the unit until after the N12 notice was served on June 1, 2022.
Actions
The Tenant claims that the Landlord gave him the N12 in bad faith due to two previous defective N12 notices and the Landlord's attempt to increase the rent above the guideline. The Tenant reports that during a conversation with the Landlord on January 4, 2022, he declined the Landlord's proposal to raise the rent beyond the allowed guideline limit, and as a result, the Landlord gave him an ultimatum to either pay the increased rent or move out of the unit.
Decision Summary
The tenancy is terminated, and the Tenant must move out of the rental unit on or before June 30, 2023. 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 resided in the unit for over five years and will require a few more days to organize his move.
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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