Landlord Wins Personal Use Case: Mushtaq v Malik 2023
Brampton tenants evicted for landlord's personal use, owe $1257
Summarized by RentZenLast updated: September 12, 2024
Case Summary
267 Checkerberry Crescent, Brampton, ON L6R3P6
Decision in favor of
landlord
Balance Owed to Landlords
$1,257
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Jun 2023
Order Date
Aug 8, 2023
Tenancy End Date
Sep 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlords served valid N12 Notice
- Tenant was in possession on application date
- Landlord currently living with brother, affecting mental health
- Landlord owns another property co-owned with sister
Case Study
The Landlords have proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlords in good faith require possession of the rental unit for the purpose of their own residential occupation for a period of at least one year.
Decision Summary
The tenancy is terminated effective September 30, 2023. The Tenant must move out by that date. The Tenant owes the Landlords $1,257.33, which includes compensation for use of the unit after the termination date, minus the rent deposit and interest. If the Tenant does not pay by September 30, 2023, they will owe interest at 6% annually on the outstanding balance.
Reason for Eviction Relief
Tenant has two children, one 1.5 years old
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,500
Rent Deposit
$2,500
Deposit Interest
$106
Other Owed Amount
$3,863
Compensation for use and occupation of unit from May 11, 2023 to June 26, 2023
Total Owing
$1,257 (Owed to Landlords)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.