Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Martyn v Noble, 2025 ONLTB 3559
File Number: LTB-L-059342-24
Hearing Date
Oct 2024
Order Date
Jan 13, 2025
Tenancy End Date
Feb 2025
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy is terminated, and the Tenant must move out of the rental unit on or before February 28, 2025. The Landlord is granted an extension of time to pay the Tenant the one month's rent compensation.
Tenant has lived at the rental unit for approximately 4 years and resides there with her son, stepdaughter, and niece. The Tenant may experience challenges securing housing that fits her and her children's needs at a comparable rent, such that more time is required.
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.
Landlord testified that he requires the rental unit in good faith for the purpose of residential occupation for at least one year. Landlord also testified that he intends to move into the subject unit as soon as possible, as he had sold his previous residence and currently resides with family members in Shebandowan.
Tenant argued that the N12 is a ruse to have the Tenant evicted, due to the Landlord's desire to increase rent to market rents, and not maintain the rental unit.
Tenant testified that she does not believe the Landlord wants to move into the rental unit in good faith and there was a disagreement regarding various maintenance issues such as a leak in the bathroom which the Tenant alleges has resulted in mold.
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