Raffi v Fortier - Landlord Fails to Prove Good Faith for Personal Use Eviction
Landlord's application to evict tenant for personal use dismissed due to lack of credible evidence
Summarized by RentZenLast updated: September 12, 2024
Case Summary
401 Sixth St E, Cornwall, ON K6H2P2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Sep 22, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's daughter.
Determinations
- Landlord has not proven good faith requirement for personal use
- Tenant was in possession on application date
- Landlord served N12 notice with termination date of 2022-11-30
- Landlord compensated Tenant one month's rent
Case Study
The Landlord has not proven on a balance of probabilities that they in good faith require possession of the rental unit for the purpose of their daughter's residential occupation for a period of at least one year. The Landlord and his daughter presented less than compelling evidence, and the Tenant provided compelling evidence that the Landlord's claim of living in the lower unit was not the case. The Landlord has a history of trying to remove the Tenant, and much of the Landlord's evidence was refuted by the Tenant. Based on the information provided, the Landlord and his daughter were found to be less than credible as witnesses.
Arguments and Actions
Landlord
Arguments
Landlord claims that they in good faith require possession of the rental unit for the purpose of residential occupation by their daughter for at least one year.
Actions
Landlord claims that the e-transfer was not accepted and that the Tenant should return the compensation paid.
Tenant
Arguments
Tenant contends that the Landlord did not pay compensation required by the Residential Tenancies Act, 2006.
Actions
Tenant paid October rent by e-transfer, which was accepted by the Landlord. November rent was paid on time.
Decision Summary
The application is dismissed. The Tenant shall return the compensation paid by the Landlord no later than October 2, 2023. If the Tenant does not pay the Landlord the full amount owing on or before October 2, 2023, the Tenant will start to owe interest at 6.00% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
192
Landlord Favorable
97.4%
Tenant Favorable
0.5%
Mutual Agreement
2.1%
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