Landlord Wins Personal Use Case: Rouhollahi v Mostafa 2024
Toronto landlord wins personal use case, tenants must vacate by August 31
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 10 York St, Toronto, ON M5J0E1
Decision in favor of
landlord
Balance Owed to Tenant
-$2,849
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jul 8, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's children.
Determinations
- Landlord served valid N12 notice
- Landlord provided required compensation
- Landlord genuinely requires unit for own use
- Tenants must vacate by August 31, 2024
Arguments and Actions
Tenant
Actions
Tenant Ahmed Mostafa testified that he doubts the Landlord's good faith intention and believes the N12 notice was given in response to the Tenant's refusal to pay a rent increase above the guideline amount.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants is granted. The Landlord is required to pay the remaining $2,000 in compensation to the Tenants by July 31, 2024. If the Landlord fulfills this requirement, the tenancy will be terminated and the Tenants must vacate the unit by August 31, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Sheriff for enforcement.
Reason for Eviction Relief
Tenant requested 6 months to move out due to difficulty finding affordable housing
Adjudicator Details
LTB Member
Total Orders
19
Landlord Favorable
89.5%
Tenant Favorable
10.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$3,000
Application Fee
$186
Rent Deposit
$3,000
Deposit Interest
$35
Total Owing
-$2,849 (Owed to Tenant)
Source
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