Landlord Wins Personal Use Case: Rahimi shahmirzadi v Mossavian jandaghi 2023
Thornhill tenants evicted for landlord's personal use, must vacate by June 30
Summarized by RentZenLast updated: September 12, 2024
Case Summary
222 Romfield Circt, Thornhill, ON L3T3J3
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Apr 26, 2023
Tenancy End Date
Jun 2023
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. The Tenants requested a review of the order and that the order be stayed until the request to review the order is resolved.
Determinations
- Tenants did not receive Notice of Hearing until after the hearing on March 9, 2023
- There was a serious error in the order issued on March 23, 2023 regarding per diem compensation calculations
- N12 Notice is a valid notice of termination
- Landlords met requirements of section 72(1)(a) and provided declaration under section 72(1)(b)
- Landlords in good faith require possession of the rental unit for their child's residential occupation for at least one year
- It would not be unfair to postpone eviction until June 30, 2023
Case Study
The N12 Notice given to the Tenants properly identifies the whole house as the rental unit and is a valid notice of termination. The Landlords met the requirements of section 72(1)(a) of the Residential Tenancies Act, 2006 and provided a declaration by the Landlords' child in accordance with Section 72(1)(b) of the Act. The Landlords persuaded the Board that they in good faith require possession of the rental unit for the purpose of residential occupation for their child, Maryam Rahimi Shahmirzadi, for at least one year. However, it would not be unfair to postpone the eviction until June 30, 2023 pursuant to subsection 83(1)(b) of the Act to allow the Tenants some additional time to find alternate affordable accommodations and for the Tenants' child to finish the school year at her current school.
Arguments and Actions
Tenant
Actions
Tenants did not receive the Notice of Hearing until after the hearing on March 9, 2023 took place.
Decision Summary
The request to review order LTB-L-039426-22 issued on March 23, 2023 is granted. Order LTB-L-039426-22 is cancelled and replaced. The tenancy between the Landlords and the Tenants is terminated, and the Tenants must move out of the rental unit on or before June 30, 2023. The Landlords shall apply the last month rent deposit to the Tenants' June 2023 rent charges. The Tenants shall pay the Landlord compensation of $105.21 per day for the use of the unit starting July 1, 2023 until the date the Tenant moves out of the unit.
Reason for Eviction Relief
to allow the Tenants some additional time to find alternate affordable accommodations and for the Tenants' child to finish the school year at her current school
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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