Landlord Wins Personal Use Case: Resham v King 2023
Toronto landlord wins personal use eviction case, tenant must vacate by June 30
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1452 Bloor St W, Toronto, ON M6P3L5
Decision in favor of
landlord
Balance Owed
-
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
The landlord applied for an order to terminate the tenancy and evict the tenant because the landlord's son requires the rental unit for personal use. The landlord served the tenant with an N12 notice on July 30, 2022 with a termination date of September 30, 2022 and provided the tenant with one month's rent as compensation.
Determinations
- Landlord served valid N12 notice
- Landlord's son requires unit for personal use
- Tenant in possession on application date
- No last month's rent deposit
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's son genuinely intends to move into the rental unit after the tenant vacates, and the termination of the tenancy is in good faith. However, considering the length of time the tenant has occupied the rental unit, it would not be unfair to postpone the eviction until June 30, 2023.
Arguments and Actions
Tenant
Arguments
The tenant requested additional time to find a new rental unit, as the tenant had lived in the rental unit for over 15 years.
Actions
The tenant testified that it was their belief that the landlord had served the N12 notice in bad faith since receiving the notice, the tenant had no communication from the landlord, and this was the first the tenant had heard of the landlord's son's intentions.
Decision Summary
The tenancy is terminated effective June 30, 2023. If the unit is not vacated by that date, the landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Reason for Eviction Relief
Considering the length of time the tenant has occupied the rental unit, it would not be unfair to postpone the eviction until June 30, 2023.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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