Last updated: October 13, 2024
Ordered by Anthony Bruno,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$7,971
to Landlord
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Citation: Mccartney v Butler, 2024 ONLTB 20409
File Number: LTB-L-027125-22
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
Mar 20, 2024
Tenancy End Date
May 2024
The Landlord's application to terminate the tenancy and evict the Tenant for the Landlord's own use is granted. The Tenant must vacate the rental unit by May 31, 2024. The Tenant is ordered to pay the Landlord $7,970.92, which includes compensation for use of the unit and the application filing fee. If the Tenant does not pay the full amount by May 31, 2024, they will owe interest at 7% annually on the outstanding balance.
Tenant's financial hardship and health/disabilities of household members
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's own use of the rental unit. The Landlord served a valid N12 notice with the termination date of July 31, 2022 and provided the required one month's rent compensation to the Tenant.
Landlord requested eviction be delayed until March 31, 2024.
Landlord purchased the property to live on site and be closer to his restaurant. Landlord stated his relationship with 'Connie' has ended.
Tenant requested eviction be delayed for at least one year due to financial hardship and health/disabilities of household members.
Tenant suffers from stage 4 chronic kidney disease, Coronary Artery Disease, and relies on old age pension. Tenant's family member owns a nearby farm that the Tenant visits.
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Lawful Rent
$425
Application Fee
$202
Ordered Amount
$7,971 (to Landlord)
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