Savita Budhram v Marcella Durand - Landlord Wins Personal Use Case
Landlord successfully terminates tenancy for personal use by their son, tenant given extra time to move out
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 4 Summerlea St, Markham, ON L3S4H6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2022
Hearing Date
Apr 2023
Order Date
Jul 31, 2023
Tenancy End Date
Sep 2023
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference and the Landlord's good faith need for the rental unit for their son's residential occupation.
Determinations
- Tenant's last name corrected to 'Durand'
- Landlord has proven grounds for termination
- Tenant was in possession on application date
- Tenant voided N5 notice by ceasing conduct
- Landlord must pay compensation by Aug 15, 2023
- Tenancy terminated effective Sep 30, 2023
- Landlord owes Tenant rent deposit and interest
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord in good faith requires the rental unit for the purpose of their older son's residential occupation for a period of at least one year.
Arguments and Actions
Landlord
Actions
Landlord testified that their older son, who is 25 years old, would like to move into the rental unit to have more privacy and his own space for long-term use.
Tenant
Arguments
Tenant urged the Board to consider her circumstances, as she is a self-employed hairdresser whose work took a hit during COVID-19. Tenant is ready to vacate if the Landlord's son genuinely wants to reside in the unit, but seeks time and compensation from the Landlord for treating her poorly.
Actions
Tenant has been making rent payments on time. Tenant is a single person with limited means and the current rental market is beyond her reach.
Decision Summary
The tenancy is terminated effective September 30, 2023. The Landlord must pay the Tenant $1,050 in compensation by August 15, 2023. If the Landlord does not make the payment, the tenancy is not terminated and the Tenant does not have to vacate.
Reason for Eviction Relief
To give the Tenant time to find suitable accommodation within her budget
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,001
Rent Deposit
$970
Deposit Interest
$133
Source
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