Paranirupasingam v Khan: Landlord's Personal Use Eviction Case
Landlords successfully obtain eviction order to house daughter, tenants ordered to vacate by May 15, 2024
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 464 Wildgrass Rd, Mississauga, ON L5B4H5
Decision in favor of
landlord
Balance Owed to Landlord
$20,930
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Feb 2024
Order Date
Mar 26, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants because they require possession of the rental unit for residential occupation by their daughter for at least one year.
Determinations
- Landlord served valid N12 Notice
- Tenants in possession on application date
- Landlord's daughter intends to occupy unit for at least 10 years
- Compensation provided to tenants
- Good faith intention established
Case Study
Section 48 requires only that a landlord establish a genuine intention to move into the unit and live there for residential purposes for at least one year.
Arguments and Actions
Landlord
Arguments
Served N12 Notice and demonstrated good faith intention to occupy unit
Actions
Landlord wishes sister to move into rental unit to be closer to parents and for her upcoming marriage
Tenant
Arguments
Request to delay eviction until June 30, 2024, to allow children to finish school year
Actions
Tenant stated 'We are staying here' and did not look for alternative rental units
Decision Summary
Tenancy terminated effective May 15, 2024. Tenants must vacate the unit and pay $20,929.63 in compensation and filing costs. Daily compensation of $77.98 continues until unit is vacated.
Reason for Eviction Relief
To allow children to complete school year
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$2,372
Application Fee
$186
Other Owed Amount
$20,744
Daily compensation for use and occupation
Total Owing
$20,930 (Owed to Landlord)
Source
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