Landlord Wins Personal Use Case: Michael Guthrie v Jason Lamoureux 2023
Orillia landlord wins personal use eviction, tenant ordered to pay $8747
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1 Calverley St, Orillia, ON L3V3T3
Decision in favor of
landlord
Balance Owed to Landlord
$8,747
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Jun 9, 2023
Tenancy End Date
Jun 2023
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.
Determinations
- Tenant was in possession on application date
- Monthly rent is $1,200
- Landlord served valid N12 notice
- Landlord has good faith intention to occupy unit
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord has a good faith intention to occupy the rental unit for his own use for at least 12 months.
Arguments and Actions
Landlord
Actions
Landlord testified that he had sold his other house and his intention was to retire and reside at the rental property.
Tenant
Actions
Tenant stated he was unaware of his rights as a tenant until December 2021. Mentioned a harassment issue in February 2022 where police were called but advised there was nothing they could do.
Decision Summary
The tenancy is terminated effective June 30, 2023. The Tenant must vacate the unit by that date. The Tenant is ordered to pay the Landlord $8,561.10 in compensation for use and occupation of the unit, as well as the $186 application fee.
Reason for Eviction Relief
Tenant requested 6-8 months to vacate, and the order grants until June 30, 2023
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
$1,200
Application Fee
$186
Other Owed Amount
$8,561
Compensation for use and occupation of unit
Total Owing
$8,747 (Owed to Landlord)
Source
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