Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$3,949
to Landlord
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Citation: Marchese v Amaro, 2024 ONLTB 38778
File Number: LTB-L-097180-23
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
May 31, 2024
Tenancy End Date
Aug 2024
The Landlord has proven the grounds for termination of the tenancy on the basis of good faith requirement for own residential occupation. However, the eviction is postponed until August 31, 2024 to allow the Tenant sufficient time to find alternative accommodation. The Tenant must pay compensation for use and occupation of the unit from December 1, 2023 to the date they vacate.
To allow Tenant sufficient time to find alternative accommodation
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's good faith requirement of the rental unit for his own residential occupation. The Landlord served a valid N12 notice on the Tenant, and the Tenant disputed the Landlord's good faith intention.
Landlord testified he genuinely requires the unit for his own residential occupation after separating from his wife.
Tenant disputed Landlord's good faith intention and alleged issues with the rental unit, including mold and unsatisfactory repairs.
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Lawful Rent
$925
Rent Deposit
$903
Deposit Interest
$8
Other Amount
$3,949
Compensation for use and occupation of unit from Dec 1, 2023 to Apr 11, 2024
Ordered Amount
$3,949 (to Landlord)
Click to switch between order outcomes
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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