Landlord Wins Personal Use Case: Rawal v Noel 2024
Mississauga landlords win personal use case, tenants face eviction and owe compensation
Summarized by RentZenLast updated: November 3, 2024
Case Summary
822 Avonshire Crt, Mississauga, ON L5V2P2
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Feb 2024
Order Date
May 1, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenants 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 son.
Determinations
- Landlords have proven grounds for termination and claim for compensation
- Tenants were in possession on application date
- Landlords served valid N12 notice on 2023-08-01 with termination date of 2023-10-06
- Landlords require unit for son's residential use in good faith
- Landlords compensated Tenants with one month's rent before termination date
- No rent arrears up to hearing date
- Tenants to pay per diem compensation from 2024-03-07 until move-out date
- Landlords entitled to reimbursement of $186 application filing fee
Arguments and Actions
Landlord
Actions
Landlord requires unit for son to move in and live for at least 1 year
Tenant
Arguments
Tenants believe Landlords intend to renovate and re-rent at higher price
Decision Summary
The Landlords' application to terminate the tenancy and evict the Tenants is granted. The tenancy is terminated effective June 30, 2024 to allow the Tenants to find alternate accommodations. The Landlords must pay the Tenants $2,850 as compensation by May 31, 2024. The Tenants must pay the Landlords $93.70 per day in compensation starting March 7, 2024 until they move out, and $186 for the application filing fee.
Reason for Eviction Relief
To allow Tenants to find affordable alternate accommodations and for their son to finish the school year
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Lawful Rent
$2,850
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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