Last updated: September 12, 2024
Ordered by Percy Laryea,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: Lorusso v Wilkinson, 2023 ONLTB 40101
File Number: LTB-L-031840-22
Hearing Date
Feb 2023
Order Date
May 29, 2023
Tenancy End Date
Jun 2023
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.
The Tenant has resided in the unit for over five years and will require a few more days to organize his move.
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.
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.
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.
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.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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