Last updated: February 17, 2025
Ordered by Fabio Quattrociocchi,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Mamizadeh vahid v Toroghi, 2024 ONLTB 69250
File Number: LTB-L-004859-24
Application Date
Jan 2024
Hearing Date
Jul 2024
Order Date
Sep 13, 2024
Tenancy End Date
Oct 2024
The Landlord's application to terminate the tenancy and evict the Tenant is granted. The Tenant must vacate the rental unit by October 15, 2024. The Landlord's parent requires possession of the unit for personal use for at least one year, and the Landlord has acted in good faith. The Tenant is granted additional time to secure alternate housing, but the eviction cannot be delayed further.
The Tenant has resided in the rental unit for approximately 3 years and the Landlord's application to terminate the tenancy is based on a no-fault notice. Therefore, it would not be unfair to grant the Tenant some additional time to secure alternate housing.
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord's parent requires possession of the rental unit for personal use for at least one year.
The Landlord's mother, Azam Alivervinasav, testified that she requires the rental unit to live in as she is a widow, elderly, and has health concerns that affect her mobility. The Landlord submitted evidence of her mother's immigration paperwork and flight itinerary.
The Tenant argued that the Landlord's N12 notice was served in bad faith and that the Landlord had previously served the Tenant with a defective N7 notice.
The Tenant disputed the Landlord's good-faith intentions and argued that the Landlord is using the N12 process to evict him due to a bad relationship between the parties.
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