Landlord Wins Personal Use Case: Rahman v Blakely 2023
Kitchener tenant evicted for landlord's personal use, owes $5717
Summarized by RentZenLast updated: September 12, 2024
Case Summary
364 Pioneer Dr, Kitchener, ON N2P1K6
Decision in favor of
landlord
Balance Owed to Landlord
$5,717
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2023
Hearing Date
Oct 2023
Order Date
Nov 30, 2023
Tenancy End Date
Jan 2024
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 his parents.
Determinations
- Landlord served valid N12 Notice
- Landlord requires unit for parents' residential occupation for at least one year
- Tenant was in possession on application date
- Landlord compensated Tenant one month's rent
- Tenant owes $6,882.74 in daily compensation
- Landlord entitled to $186 application fee
- Tenant's rent deposit and interest to be deducted from amount owed
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 has a genuine intention to occupy the premises for his parents' use, and the Tenant's arguments about the Landlord's ability to afford the unit and the state of disrepair do not stand up to scrutiny. However, the Landlord is required to fix the fan on the Tenant's fireplace and the door of the shower, which are considered issues that warrant a postponement of the eviction.
Arguments and Actions
Tenant
Actions
Tenant argued that the unit was in a state of disrepair and the Landlord cannot afford the unit.
Procedural Errors
Tenant did not serve the Landlord with evidence of maintenance issues as required.
Decision Summary
The tenancy is terminated, and the Tenant must move out by January 31, 2024. The Tenant owes the Landlord $5,717.43, which includes daily compensation for use of the unit, the application fee, and the rent deposit and interest, minus the rent deposit. The Landlord is ordered to fix the fan on the Tenant's fireplace and the door of the shower by December 10, 2023.
Reason for Eviction Relief
Landlord required to fix issues in the unit
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Lawful Rent
$1,325
Application Fee
$186
Rent Deposit
$1,300
Deposit Interest
$51
Other Owed Amount
$6,883
Daily compensation for use of unit
Total Owing
$5,717 (Owed to Landlord)
Source
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