Landlord Wins Personal Use Case: Moon v Clarke 2024
Scarborough landlord wins personal use eviction case, tenant must vacate by April 30, 2024
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2508 88 Corporate Dr, Scarborough, ON M1H3G6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Feb 2024
Order Date
Mar 25, 2024
Tenancy End Date
Apr 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.
Determinations
- Landlord served valid N12 Notice
- Landlord compensated Tenant with previous rent waiver
- Landlord proved good faith need for personal use
- Tenancy terminated effective April 30, 2024
- Rent deposit to be applied to last month's rent
- Tenant to pay daily compensation if unit not vacated
Arguments and Actions
Tenant
Arguments
The Tenant's representative alleged that the Landlord was issuing the N12 notice of termination in bad faith as the Landlord has been attempting to evict or pressure the Tenant to move out of the unit for several years that can be substantiated through a pattern of behaviour.
Decision Summary
The tenancy is terminated effective April 30, 2024. The Tenant must move out by that date. If the unit is not vacated, the Tenant must pay $54.25 per day in compensation to the Landlord. The Landlord must apply the rent deposit to the last month's rent and return the balance of the deposit interest to the Tenant.
Reason for Eviction Relief
Given the current rental market conditions in the greater Toronto area the delay will provide the Tenant with additional time to complete a housing search for an affordable and suitable unit without significantly prejudicing the Landlord.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Rent Deposit
$1,650
Deposit Interest
$374
Source
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