Landlord Wins Personal Use Case: Park v Tehrani 2024
Richmond Hill tenant evicted for landlord's personal use, owes $3598
Summarized by RentZenLast updated: October 13, 2024
Case Summary
18 Aspenview Drive, Richmond Hill, ON L4E4Z1
Decision in favor of
landlord
Balance Owed to Landlord
$3,598
Dispute Categories
Notices Sent
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Timeline
Application Date
Feb 2024
Hearing Date
Jul 2024
Order Date
Aug 30, 2024
Tenancy End Date
Oct 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's good faith requirement of the rental unit for the purpose of residential occupation by the Landlord's mother for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord requires unit for mother's residential occupation for at least one year
- Landlord acted in good faith
- Tenant must vacate by October 31, 2024
Case Study
The test of good faith is a genuine intention to occupy the premises and not the reasonableness of the Landlord's proposal. The Landlord's mother provided clear evidence of her good faith intention to occupy the rental unit.
Arguments and Actions
Tenant
Arguments
Tenant does not believe it is reasonable for the Landlord's mother to occupy the residence by herself.
Actions
Tenant believes the Landlord served the N12 notice in bad faith because the reasoning does not make sense.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy and the claim for compensation. The tenancy is terminated and the Tenant must vacate the rental unit on or before October 31, 2024. The Tenant owes the Landlord $3,597.54, which includes compensation for use of the unit after the termination date.
Reason for Eviction Relief
To allow the Tenant and his family to find another residence, but a longer delay would cause undue prejudice to the Landlord.
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
89.4%
Tenant Favorable
6.4%
Mutual Agreement
4.3%
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Financial Details
Rent Deposit
$2,500
Deposit Interest
$411
Other Owed Amount
$6,509
Compensation for use of unit from May 16, 2024 to July 29, 2024
Total Owing
$3,598 (Owed to Landlord)
Source
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