Last updated: February 17, 2025
Ordered by Christopher Lin,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$10,577
to Landlord
Agree with the ruling?
Citation: Madani v Myers, 2024 ONLTB 49550
File Number: LTB-L-078830-23
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jul 5, 2024
Tenancy End Date
Sep 2024
The tenancy is terminated and the Tenant must move out by September 30, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Sheriff to enforce the eviction. The Tenant owes the Landlord $12,597.45 less the rent deposit and interest, and will owe interest at 7% annually on any unpaid balance starting October 1, 2024.
The Tenant testified that the rental unit is close to where her mother resides and that she is the primary care provider for her mother. The Tenant testified that eviction will put hardship on her as she will need to travel to visit her mother to provide necessary care which is an added expense.
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.
The Landlord testified at the hearing that she intends to move into the rental unit for a period of at least one year. The Landlord testified at the hearing that she currently reside in Montreal but intends to move back to Toronto. The Landlord testified that while they own approximately three properties in Toronto, they intend to reside in the rental unit as the size of the rental unit best accommodates the Landlord's requirements and it is close to doctors and the community.
The Tenant entered into evidence an email dated April 1, 2022 from the Landlord's daughter, in which states that "I haven't gotten back to you as my parents are at the moment considering using the unit themselves in Toronto. The fact that the current rent does not cover this condo's mortgage/fees does not encourage them to keep this unit leased." The email continues "is re negotiating your monthly rent something that you'd be open to discuss?"
The Tenant asserts that the Landlord does not, in good faith, intend to reside in the rental unit for a period of at least one year. The Tenant asserts that the reason for the eviction is that the Tenant refused a rent increase beyond the guideline in 2022.
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Rent Deposit
$1,900
Deposit Interest
$121
Other Amount
$12,597
Compensation for use of unit after termination date
Ordered Amount
$10,577 (to Landlord)
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