Last updated: January 12, 2025
Ordered by Alicia Johnson,Tribunals Ontario under Section 94, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$201
to Landlord
Agree with the ruling?
Citation: R&J Trailer Park Inc. v Van Diepen, 2024 ONLTB 64643
File Number: LTB-L-078281-23
Application Date
Sep 2023
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
Tenancy End Date
Nov 2024
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The tenancy will terminate on November 30, 2024. The Tenant must pay the Landlord $201.00 for the cost of filing the application.
To permit the Tenant and his family additional time to find alternative housing and make school arrangements for their children, and to afford the Landlord a horizon of time to hire a new superintendent who will then occupy the rental unit/the superintendent's premises.
Landlord applied for an order to terminate the tenancy and evict the Tenant because the rental unit is the superintendent's premises and the Tenant's employment as superintendent has ended.
Landlord seeks a termination of the tenancy to permit him to hire a new superintendent, one that will occupy the superintendent's rental unit once the Tenant moves out.
Landlord submitted that he has never entered into any agreement with the Tenant to provide him with the ability to reside in the superintendent's premises indefinitely, and that when he noticed the Tenant was not fulfilling the functions as agreed to under the employment agreement, he decided to terminate his employment.
Tenant is seeking to continue to reside in the rental unit as he is awaiting receipt of $27,000.00 in unpaid wages and may be in a better financial position to find alternative housing, move his business currently run from the property and permit children to conclude schooling.
Tenant submitted that they have an agreement with the Landlord to reside in the superintendent's rental unit indefinitely, and that it was his impression that once the initial 5 year verbal lease expired on August 31, 2022 that another 5 year lease commenced.
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Application Fee
$201
Ordered Amount
$201 (to Landlord)
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