Last updated: December 14, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Sher v Fogelman, 2024 ONLTB 2421
File Number: LTB-L-022913-23
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Jan 2, 2024
Tenancy End Date
Apr 2024
The Landlord's application to terminate the tenancy and evict the Tenants for the purpose of personal use is granted. However, the eviction is delayed until April 30, 2024 to give the Tenants, who are seniors, additional time to find other accommodations.
To give the Tenants, who are seniors, additional time to find other accommodations
Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord served the Tenants with an N12 notice of termination.
Landlord submitted the Tenants have already been given considerable notice of the Landlord's intent to move into the rental unit and that the Landlord's removal from his own rental unit has threatened his independence as an adult.
Landlord has owned the rental unit for approximately 22 years and has been renting another place until he received a Form N12 notice of termination from his landlord. Landlord plans to occupy the rental unit 'forever'.
Tenants requested 12 months to find other accommodations due to the increase in market rents and their limited monthly income.
Tenants have been living at the rental unit for approximately 12 years and are seniors. They produced documentation evidencing health issues and anticipated treatments.
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