Landlord Wins Personal Use Case: Puusa v O'Connor 2023
Peterborough tenant evicted for landlord's personal use, landlord owes $1668
Summarized by RentZenLast updated: September 12, 2024
Case Summary
886 Birch Ave, Peterborough, ON K9H6G8
Decision in favor of
landlord
Balance Owed to Tenant
-$1,668
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 9, 2023
Tenancy End Date
May 2023
Dispute Summary
The 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, Holly Puusa.
Determinations
- Landlords served valid N12 notice
- Landlords in good faith require possession for their child's residential occupation for at least one year
- Landlords compensated tenant one month's rent
- Tenant up to date on rent as of hearing date
- Tenant must pay $52.60 per day for use of unit after May 1, 2023
- Landlords owe tenant $1,667.97 for rent deposit and interest
Case Study
The landlords proved on a balance of probabilities the grounds for termination of the tenancy. The tenant did not attend the hearing to present evidence or submissions in support of granting relief from eviction.
Decision Summary
The tenancy is terminated effective May 20, 2023. The tenant must move out by that date. If the unit is not vacated by May 20, 2023, the landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement. The landlords owe the tenant $1,667.97 for the rent deposit and interest, but the landlords may deduct $52.60 per day for compensation for the tenant's use of the unit starting May 1, 2023 until the tenant moves out.
Adjudicator Details
LTB Member
Total Orders
331
Landlord Favorable
78.5%
Tenant Favorable
5.4%
Mutual Agreement
16.0%
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Financial Details
Lawful Rent
$1,600
Rent Deposit
$1,600
Deposit Interest
$68
Total Owing
-$1,668 (Owed to Tenant)
Source
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