Landlord Wins Personal Use Case: Mccartney v Butler 2024
Langton tenant evicted for landlord's own use, ordered to pay $7971
Summarized by RentZenLast updated: October 13, 2024
Case Summary
4 Albert St, Langton, ON N0E1G0
Decision in favor of
landlord
Balance Owed to Landlord
$7,971
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
Mar 20, 2024
Tenancy End Date
May 2024
Dispute Summary
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.
Determinations
- Landlord served valid N12 notice
- Landlord requires unit for own residential occupation for at least 1 year
- Tenant was in possession on application date
- Tenant has health issues and financial hardship
Arguments and Actions
Landlord
Arguments
Landlord requested eviction be delayed until March 31, 2024.
Actions
Landlord purchased the property to live on site and be closer to his restaurant. Landlord stated his relationship with 'Connie' has ended.
Tenant
Arguments
Tenant requested eviction be delayed for at least one year due to financial hardship and health/disabilities of household members.
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
Tenant's financial hardship and health/disabilities of household members
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$425
Application Fee
$202
Total Owing
$7,971 (Owed to Landlord)
Source
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