Landlord Wins Personal Use Case: Thakur v Tompkins 2023
Belleville tenant evicted for landlord's personal use, owes $688
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 350 Front St, Belleville, ON K8N5M5
Decision in favor of
landlord
Balance Owed to Landlord
$688
Dispute Categories
Notices Sent
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Timeline
Application Date
Feb 2023
Hearing Date
Jun 2023
Order Date
Oct 10, 2023
Tenancy End Date
Oct 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord claimed that in good faith she requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord provided one-month compensation
- Landlord has genuine intent to occupy unit for at least one year
- No evidence presented about circumstances warranting relief from eviction
Case Study
The Landlord established that she served the Tenant with a valid N12 Notice, provided the required one-month compensation, and has a genuine intent to occupy the unit for at least one year. Since the Tenant did not attend the hearing, there was no evidence presented about circumstances that would warrant relief from eviction.
Decision Summary
The tenancy is terminated effective October 20, 2023. The Tenant shall pay the Landlord $2,692.60 for use of the unit from May 18, 2023 to June 28, 2023, and $64.11 per day starting June 29, 2023 until the Tenant moves out. The Landlord owes the Tenant $2,004.36 for the rent deposit and interest, which is deducted from the amount owed by the Tenant.
Adjudicator Details
LTB Member
Total Orders
11
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,950
Rent Deposit
$1,950
Deposit Interest
$54
Other Owed Amount
$2,693
Compensation for use of unit from May 18, 2023 to June 28, 2023
Total Owing
$688 (Owed to Landlord)
Source
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