Mander v AKA LINDSAY JOSEPH - Landlord Wins Personal Use Case
Landlords successfully obtain order to terminate tenancy for personal use, with tenants granted extension to vacate
Summarized by RentZenLast updated: November 3, 2024
Case Summary
10 Morris St, Paris, ON N3L0E8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Feb 2024
Order Date
Mar 4, 2024
Tenancy End Date
Mar 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenants because the Landlords had entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith required possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlords served valid N12 notice
- Tenants did not dispute good faith intent of purchasers
- Tenants requested additional time to locate new accommodation
- Tenants' efforts to find new housing were thwarted by real estate agents
- Landlord BSG willing to provide positive reference for Tenants
Arguments and Actions
Tenant
Arguments
Tenants requested additional time to locate new accommodation, in part because they believed that their efforts in that regard to date had been thwarted to some extent by information provided to prospective landlords by the real estate agents who had been assisting them for a time.
Actions
Tenants made efforts to locate new accommodation after being notified in August 2023 of the Landlords' plans to sell the property, but were unsuccessful. They initially attempted to buy property but were unable to secure the necessary pre-approved financing. Other efforts, involving participation by the Tenant LM's parents, were also unsuccessful.
Decision Summary
The tenancy is terminated as of March 31, 2024, and the Tenants must vacate the rental unit on or before that date. If the unit is not vacated by March 31, 2024, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement starting April 1, 2024. The Tenants shall pay the Landlord $141.37 per day for compensation for the use of the unit starting April 1, 2024 until the date they move out.
Reason for Eviction Relief
Tenants requested additional time to locate new accommodation, and their efforts were thwarted to some extent by information provided by real estate agents.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
82.9%
Tenant Favorable
13.4%
Mutual Agreement
3.6%
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