Landlord Wins Personal Use Case: Phan v Rusu 2023
Maple landlords prevail in personal use dispute, tenants must vacate by January 2024 and pay $5163
Summarized by RentZenLast updated: September 12, 2024
Case Summary
94 Glenngarry Cres, Maple, ON L6A4Z4
Decision in favor of
landlord
Balance Owed to Landlord
$5,163
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2023
Hearing Date
Oct 2023
Order Date
Nov 9, 2023
Tenancy End Date
Jan 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlords served valid N12 notice
- Landlords compensated Tenants one month's rent
- Landlords require unit for own residential use
- Tenants were in possession on application date
Case Study
The Landlords have established that they genuinely intend to move into the rental unit and live there for at least one year once it is vacated. While the Landlords' motives are largely irrelevant, the Landlords intend to move into the unit to manage their financial responsibilities and repay a loan, and to assist with the Landlord's wife's daily commute.
Arguments and Actions
Landlord
Actions
Landlords testified that they require the rental unit for their own use as it is close to the GO Transit station and the Landlord's spouse takes the transit to work every day. Landlords also stated they borrowed money from their mother-in-law to purchase the house and would like to manage their financial responsibilities and repay the loan.
Tenant
Arguments
Tenants argued that the Landlords have multiple rental units and do not require this property in good faith.
Actions
Tenants testified that the Landlords previously indicated they were in financial difficulty and were going to sell the house.
Decision Summary
The tenancy is terminated effective January 31, 2024. The Tenants must vacate the unit by this date. The Tenants owe the Landlords $5,162.82, which includes compensation for use of the unit after the termination date and the rent deposit and interest.
Reason for Eviction Relief
To allow the Tenants to arrange their affairs and move
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
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Financial Details
Lawful Rent
$2,420
Rent Deposit
$2,300
Deposit Interest
$96
Other Owed Amount
$7,559
Compensation for use of unit from July 1, 2023 to October 3, 2023
Total Owing
$5,163 (Owed to Landlord)
Source
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