Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 6931, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Phan v Despins, 2024 ONLTB 76431
File Number: LTB-L-064920-23 & LTB-T-062710-22
Application Date
Sep 2023
Hearing Date
Sep 2024
Order Date
Oct 11, 2024
Tenancy End Date
Jan 2025
The Landlord's application to terminate the tenancy and evict the Tenants is granted. The Tenants' application alleging substantial interference and harassment is dismissed. The tenancy is terminated effective January 31, 2025, and the Tenants must vacate the unit by that date. The Tenants shall pay the Landlord per diem compensation of $105.73 starting September 5, 2024 until the date they move out.
To allow the Tenant time to find a new home considering the length of the tenancy and having to pack and move a home they have lived in for seven years.
Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenants applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened, or interfered with the Tenant.
The Landlord testified to their good faith intention as well as living in the rental unit for more than one-year. The Landlord did not realize a declaration is not the same as a letter, but submitted the letter should be accepted as they are not acting in bad faith, it was a genuine mistake/misunderstanding.
The Tenant submitted, based on all the indicators, the application must be dismissed pursuant to section 83(3)(c) of the legislation and Loc Le v. O'Grady, 2018 ONSC 6387, that upheld the Board's decision dismissing the Landlord's case because the notice was served after the tenant had attempted to secure their legal rights.
The Tenant testified the Landlord's application should be dismissed because the declaration is not sworn and the L2 application is missing required information.
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