Marchese v Amaro - Landlord Wins Personal Use Case
Toronto landlord granted possession for personal use, tenant given until August 31 to move out
Summarized by RentZenLast updated: November 3, 2024
Case Summary
186 Lake Shore Dr, Toronto, ON M8V2A9
Decision in favor of
landlord
Balance Owed to Landlord
$3,949
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
May 31, 2024
Tenancy End Date
Aug 2024
Dispute Summary
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.
Determinations
- Landlord served valid N12 notice
- Landlord compensated Tenant one month's rent
- Landlord genuinely requires unit for own residential occupation
- Tenant in possession on application date
- Lawful rent is $925 per month
Arguments and Actions
Landlord
Actions
Landlord testified he genuinely requires the unit for his own residential occupation after separating from his wife.
Tenant
Actions
Tenant disputed Landlord's good faith intention and alleged issues with the rental unit, including mold and unsatisfactory repairs.
Decision Summary
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.
Reason for Eviction Relief
To allow Tenant sufficient time to find alternative accommodation
Adjudicator Details
LTB Member
Total Orders
12
Landlord Favorable
91.7%
Tenant Favorable
8.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$925
Rent Deposit
$903
Deposit Interest
$8
Other Owed Amount
$3,949
Compensation for use and occupation of unit from Dec 1, 2023 to Apr 11, 2024
Total Owing
$3,949 (Owed to Landlord)
Source
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