Landlord Wins Personal Use Case: Oh v Khuri 2024
Toronto landlord wins right to occupy rental unit, tenant must vacate by November 30, 2024
Summarized by RentZenLast updated: November 14, 2024
Case Summary
3107 Dunfield Ave, Toronto, ON M4S0A4
Decision in favor of
landlord
Balance Owed to Tenant
$2,900
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Nov 2023
Order Date
Sep 18, 2024
Tenancy End Date
Nov 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant for personal use, claiming she requires the rental unit for her own residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord attempted to pay one month's compensation
- Tenant did not accept compensation e-transfer
- Landlord intends to occupy unit in good faith
- No concrete evidence of bad faith provided by Tenant
Arguments and Actions
Landlord
Arguments
Intends to occupy the unit in good faith for at least one year
Actions
Landlord is currently couch surfing and needs the unit after an argument with parents
Tenant
Arguments
Landlord's brother and realtor discussed selling the unit, suggesting bad faith
Actions
Tenant claimed Landlord's notice was in bad faith and suggested a 29% rent increase instead of moving out
Decision Summary
Landlord's application for personal use is granted. Tenant must vacate the unit by November 30, 2024, after Landlord pays one month's compensation of $2,900.00.
Reason for Eviction Relief
Landlord needs permanent residence
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
0.0%
Mutual Agreement
10.0%
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Financial Details
Lawful Rent
$2,900
Rent Deposit
$3,300
Deposit Interest
$220
Other Owed Amount
$2,900
One month's compensation for N12 Notice
Total Owing
$2,900 (Owed to Tenant)
Source
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