Landlord Wins Personal Use Case: Nair v Saba 2024
Mississauga tenant evicted for personal use, ordered to pay $26775 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
5367 Segriff Dr, Mississauga, ON L5V1Y7
Decision in favor of
landlord
Balance Owed to Landlord
$26,775
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2023
Hearing Date
Mar 2024
Order Date
Mar 20, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant 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
- Tenant does not dispute Landlord's need for possession
- Tenant was in possession on application date
- Landlord made reasonable efforts to pay compensation
Arguments and Actions
Landlord
Arguments
The Landlord objects to the Tenant's request for a six-month extension and seeks immediate termination of the tenancy.
Actions
The Landlord testified that he is currently experiencing significant financial hardship and awaiting possession of his home. He stated that when he and his family returned to Canada from Singapore, they obtained a short-term rental for 40 days at a cost of $7,000.00. When the Tenant refused to vacate, he and his family secured a rental at $3,800.00 a month. In addition to monthly rent, the Landlord has been incurring monthly storage fees.
Tenant
Arguments
The Tenant requested the Board exercise its discretion by postponing the eviction by six months.
Actions
The Tenant testified that she has been unable to locate alternative housing despite working with two realtors and putting in several offers. She stated that the Landlord has been helping her to find a new rental and has also taken her around to see rental units. The Tenant stated that making relocation more difficult is the fact that she suffered a heart attack on February 6, 2023, and was involved in a vehicular accident in September 2023 resulting in neck and lower back injury.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant is granted. The tenancy is terminated effective April 30, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant must pay the Landlord daily compensation of $89.83 starting May 1, 2024 until the date the Tenant moves out. The Landlord owes the Tenant $2,877.20 for the rent deposit and interest, which is deducted from the amount owed by the Tenant.
Reason for Eviction Relief
The Tenant has had more than a year to secure alternate housing. Given the Tenant partakes in physical activity at the gym, I do not believe it can be said that she is unable to undertake physical activity. There was no evidence before me indicating the Tenant is unable to retain movers or secure assistance with a move. The Landlord has incurred and will continue to incur considerable expenses the longer the termination is delayed. I find it reasonable, however, to postpone the eviction to the end of April to allow the Tenant additional time to coordinate a move.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Lawful Rent
$2,732
Application Fee
$186
Rent Deposit
$2,700
Deposit Interest
$177
Other Owed Amount
$29,465
Daily compensation for use and occupation of rental unit
Total Owing
$26,775 (Owed to Landlord)
Source
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