Landlord Wins Personal Use Case: McGrath v Monroe 2024
Cambridge landlord wins personal use case, tenant ordered to pay $9748
Summarized by RentZenLast updated: November 3, 2024
Case Summary
101 Northview Heights Drive, Cambridge, ON N1R7A7
Decision in favor of
landlord
Balance Owed to Landlord
$9,748
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Aug 2023
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
Sep 5, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenants vacated the rental unit on January 12, 2024.
Determinations
- Tenants were in possession on application date
- Landlord served valid N12 notice on June 29, 2023
- Tenants vacated on January 12, 2024
- Landlord's request to amend application granted
- Tenants owe compensation for occupying after termination
- Tenants overpaid on utility bill by $91
Arguments and Actions
Tenant
Arguments
Tenants opposed the Landlord's request to amend the application to add a claim for unpaid rent, arguing it would present a hardship and they would prefer the Landlord file a fresh application so they could have more time to pay the debt.
Actions
Tenants vacated the rental unit on January 12, 2024.
Decision Summary
The tenancy is terminated effective August 31, 2023. The Tenants owe the Landlord $9,747.91, which includes compensation for occupying the unit after termination and an unpaid utility bill. The Tenants shall pay the Landlord the full amount by September 16, 2024, after which interest will accrue.
Adjudicator Details
LTB Member
Total Orders
2
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,250
Rent Deposit
$2,200
Deposit Interest
$130
Other Owed Amount
$175
Unpaid utility bill
Total Owing
$9,748 (Owed to Landlord)
Source
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