Landlord Wins Personal Use Case: Nukkala v Grewal and Eliers 2023
Landlord wins personal use eviction case against York tenants, granted extended move-out date
Summarized by RentZenLast updated: September 12, 2024
Case Summary
541 Blackthorn Ave, York, ON M6M5A6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
May 29, 2023
Tenancy End Date
Aug 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 is in possession of the rental unit
- Tenant was in possession on application date
- Rental unit is a 1 bedroom apartment
- Tenancy is month-to-month with rent due on 1st
- Landlord served valid N12 notice
- Landlord filed required declaration
- Landlord paid one month's rent compensation
- Tenant did not accept compensation
Case Study
The Landlord served a valid N12 notice to terminate the tenancy for personal use. The Tenant's claim that the tenancy was renewed for another 5-year term was dismissed as the Tenant failed to provide sufficient evidence to support this claim. The Landlord's intention to occupy the rental unit for at least one year was found to be in good faith.
Arguments and Actions
Landlord
Actions
Landlord is an elderly woman living in a farmhouse without indoor plumbing, and requires the rental unit for her own residential occupation.
Tenant
Arguments
Landlord could renovate the farmhouse instead of evicting the Tenant, and the true intention is to sell the rental unit.
Actions
Tenant has anxiety disorder and has a support network in the community.
Decision Summary
The tenancy is terminated effective August 31, 2023. The Landlord's N12 notice was found to be valid and the Landlord's intention to occupy the rental unit for at least one year was found to be in good faith. The Tenant's request for an extended eviction date was granted, and the Landlord is ordered to provide the Tenant with a new money order for one month's rent compensation.
Reason for Eviction Relief
Tenant's anxiety disorder
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,330
Rent Deposit
$1,200
Source
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