Landlord Wins Personal Use Case: Lorusso v Wilkinson 2024
Kincardine tenant must vacate by October 31, 2024 for landlord's son to move in
Summarized by RentZenLast updated: October 13, 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
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Aug 19, 2024
Tenancy End Date
Oct 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 by the Landlord's son for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord provided compensation to Tenant prior to termination date
- Landlord's son genuinely intends to move into the rental unit
- Tenant's request for relief from eviction granted until October 31, 2024
Case Study
The Tenant's representative submitted that the hearing on this application should not proceed pursuant to the doctrine of res judicata, as a judgement on the same issue was already made on a previous LTB application. The Landlord submitted that an original decision was rendered in his favor on the first application and overturned on review by the Board, and that his circumstances remain the same. The Board determined that res judicata does not apply, as the Board cannot prohibit the Landlord from ever applying for an L2 application for the purposes contained in the N12 notice.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Board cannot prohibit him from ever applying for an L2 application for the purposes contained in the N12 notice, even though a previous decision was overturned on review.
Actions
Landlord testified that the basement unit where his son currently lives is prone to flooding and has inadequate safety standards, and that his son's mental health has suffered from living in the basement.
Tenant
Arguments
Tenant's representative argued that the hearing should not proceed due to the doctrine of res judicata, as a previous judgement was already made on the same issue.
Actions
Tenant testified that in fall 2021, the Landlord approached them and asked the Tenant to pay extra for utilities. Tenant also provided text messages and recorded conversations showing the Landlord attempting to negotiate a rent increase and threatening to have his son move in if the Tenant did not agree.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy is terminated and the Tenant must vacate the unit by October 31, 2024. However, the Board has granted relief from eviction until October 31, 2024 to give the Tenants additional time to find housing.
Reason for Eviction Relief
to give the Tenants additional time to find housing
Adjudicator Details
LTB Member
Total Orders
30
Landlord Favorable
80.0%
Tenant Favorable
13.3%
Mutual Agreement
6.7%
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