Landlord Wins Personal Use Case: Robert Devries v Paul Henderson 2023
Landlords win personal use eviction case, tenant must vacate St. Thomas rental by August 13
Summarized by RentZenLast updated: September 12, 2024
Case Summary
266 Elm St, St Thomas, ON N5R1J5
Decision in favor of
landlord
Balance Owed to Landlord
$3,748
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 14, 2023
Tenancy End Date
Aug 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlords have entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served valid N12 Notice
- Tenant in possession on application date
- Landlord entered purchase agreement
- Purchaser requires unit for own residential use
- Landlord compensated tenant one month's rent
Case Study
The Landlords have proven the grounds for termination of the tenancy under Section 49(1) of the Residential Tenancies Act, 2006. The purchasers, Cindy Baker and Kyra Baker, have submitted declarations confirming their intention to reside in the rental unit for an indefinite amount of time. Although the Tenant has some challenges in finding a new rental unit, it would not be unfair to grant the Landlords' application with a postponed eviction date.
Arguments and Actions
Tenant
Actions
The Tenant stated that he felt the N12 was served in retaliation for having the Landlords attend to maintenance issues at the unit, as well as for applying his rights as a Tenant to have guests and occupants stay at the rental unit.
Decision Summary
The tenancy is terminated effective August 13, 2023. The Tenant must vacate the rental unit by this date. The Tenant shall pay the Landlord compensation for use of the unit from February 1, 2023 to the date the Tenant vacates, less the rent deposit and interest owed.
Reason for Eviction Relief
The Tenant has some challenges in finding a new rental unit, but it would not be unfair to grant the Landlords' application with a postponed eviction date.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$1,292
Rent Deposit
$1,250
Deposit Interest
$58
Other Owed Amount
$3,748
Compensation for use of unit from Feb 1 to May 30, 2023
Total Owing
$3,748 (Owed to Landlord)
Source
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