Trevisan v Hunt
Last updated: October 13, 2024
Order
Ordered by Kate Sinipostolova,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
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Citation: Trevisan v Hunt, 2024 ONLTB 22195
File Number: LTB-L-060634-23
Timeline
Hearing Date
Feb 2024
Order Date
Apr 9, 2024
Tenancy End Date
May 2024
Decision
The tenancy is terminated effective May 31, 2024. If the unit is not vacated by that date, the Landlords may file the order with the Sheriff for enforcement. The Tenant must pay the Landlords $66.75 per day for use of the unit starting February 16, 2024 until the move-out date. If the full amount is not paid by May 31, 2024, the Tenant will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
Tenant's disability and financial difficulties
Dispute
Landlords applied for an order to terminate the tenancy and evict Tenant because the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenant argued the application was retaliatory.
Determinations
- Landlord served valid N12 Notice
- Landlord has genuine intent to move in
- Lydia Allen is not a tenant
- Application is not retaliatory
- Landlord paid N12 compensation
- No rent arrears
- Eviction postponed to May 31, 2024 due to Tenant's disability
Landlord's Arguments
Actions and Evidence
Landlord testified she had a child in November 2023 and needs the rental unit for her own residential occupation for at least 18 months due to reduced income.
Tenant's Arguments
Arguments
Application is retaliatory because Landlord and Tenant's girlfriend had a falling out and Landlord illegally entered the rental unit.
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