Landlord Wins Personal Use Case: Pietrangelo v Reeves 2023
North York tenant evicted for landlord's own use, owes $21584
Summarized by RentZenLast updated: September 12, 2024
Case Summary
41 Compton Cres, North York, ON M3M2C3
Decision in favor of
landlord
Balance Owed to Landlord
$21,584
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Nov 6, 2023
Tenancy End Date
Nov 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Tenant was in possession on application date
- Landlord requires unit for own use
- Landlord's intention is bona fide
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord's intention to occupy the unit for at least one year is bona fide.
Arguments and Actions
Landlord
Actions
The Landlord testified that he is 78 years old and can no longer handle the stairs in his current 2-storey home in North York. He seeks to occupy the rental premises because it is a bungalow and is much more suited to his needs in his later years. His life partner will live in the unit with him.
Tenant
Arguments
The Tenant requested 1 year to move out of the unit if the tenancy is terminated because she is widowed and will need help to move. She has one teenaged dependant child and an adult child who is in university.
Actions
The Tenant testified that she called property standards in 2021 and 2022 and believes that the Landlord has served the N12 notice in retaliation. She testified that at one point the Landlord told her he could rent the unit for $5,000.00.
Decision Summary
The tenancy is terminated effective November 30, 2023. The Tenant must move out by that date. If the unit is not vacated by November 30, 2023, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Tenant owes the Landlord $21,583.98, which includes compensation for use and occupation of the unit from April 1, 2022 to the date the Tenant moves out, minus the rent deposit and interest on the deposit.
Reason for Eviction Relief
The Tenant is a widow with 2 children living with her. This is a long-term tenancy. Her parents are reasonably nearby in Whitby where she and the children can stay short term if necessary.
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,600
Rent Deposit
$1,600
Deposit Interest
$329
Other Owed Amount
$23,513
Compensation for use and occupation of unit from April 1, 2022 to June 21, 2023
Total Owing
$21,584 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.