Landlord Wins Personal Use Case: Patel v Capobianco 2024
Landlords successfully terminate tenancy in Newcastle to allow their daughter to occupy the unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 82 James St W, Newcastle, ON L1B1C6
Decision in favor of
landlord
Balance Owed to Tenant
-$1,274
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jul 25, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year by their daughter.
Determinations
- Landlords served valid N12 notice
- Landlords compensated Tenant one month's rent
- Landlords have genuine intention for their daughter to occupy the unit for at least one year
- Tenant was in possession on application date
- Unit is a one-bedroom, one-bathroom basement apartment
Decision Summary
The Landlords have proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy is terminated, and the Tenant must move out of the rental unit on or before August 5, 2024. The Landlords owe the Tenant $1,273.64, which is the amount of the rent deposit and interest on the rent deposit. If the Landlords do not pay the Tenant the full amount owing on or before August 5, 2024, the Landlords will start to owe interest at 7.00% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
12
Landlord Favorable
91.7%
Tenant Favorable
8.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,230
Rent Deposit
$1,230
Deposit Interest
$44
Total Owing
-$1,274 (Owed to Tenant)
Source
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