Landlord Wins Personal Use Case: Nguyen v Khan 2023
Nepean tenants evicted for landlord's personal use, owe $4336
Summarized by RentZenLast updated: September 12, 2024
Case Summary
15 Alberni St, Nepean, ON K2J1V8
Decision in favor of
landlord
Balance Owed to Landlord
$4,336
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Sep 21, 2023
Tenancy End Date
Oct 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 by the Landlord's parent.
Determinations
- Landlord served valid N12 Notice
- Tenant refused to vacate by termination date
- Landlord requires unit for parent's residential occupation
- Landlord acted in good faith
- Tenant has health conditions
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 genuine intention to occupy the premises for their parent's residential occupation for a period of at least one year.
Arguments and Actions
Landlord
Actions
Landlord testified that they require the rental unit for their parent. Their mother is retired and has become ill with a heart condition, and they require the rental unit to help care for her.
Tenant
Actions
Tenant testified that he could not move from the rental unit due to his health condition and was unable to find another place to live.
Decision Summary
The tenancy between the Landlord and the Tenants is terminated. The Tenants must vacate the rental unit on or before October 31, 2023. The Landlord owes the Tenant $1,755.36 for the rent deposit and interest, which is deducted from the $4,336.16 the Tenant owes the Landlord. If the Tenant does not pay the remaining amount by September 18, 2023, they will start owing interest.
Reason for Eviction Relief
Tenant has health conditions and needs additional time to find a new rental unit
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Rent Deposit
$1,700
Deposit Interest
$55
Other Owed Amount
$4,336
Amount owed by Tenant after deducting rent deposit and interest
Total Owing
$4,336 (Owed to Landlord)
Source
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