Last updated: December 5, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Monies to be paid
-
Agree with the ruling?
Application Date
Jun 2024
Hearing Date
Nov 2024
Order Date
Nov 27, 2024
Tenancy End Date
Feb 2025
The tenancy is terminated effective February 28, 2025. If the unit is not vacated by that date, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenants shall pay the Landlords compensation of $21.76 per day for the use of the unit starting December 1, 2024, until the date the Tenants move out.
Considering the Tenants' compelling circumstances and the lack of evidence from the Landlord of an urgent need for the rental unit, I find it would not be unfair to postpone the eviction until February 28, 2025, pursuant to subsection 83(1)(b) of the Act.
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Landlord Normand Vachon testified that he intends to move into the rental unit permanently as he is separating from his spouse, Linda Newman.
Tenant Désiré Rochon opposed the Landlord's good faith intention to occupy the rental unit.
Tenant Désiré Rochon testified that the Landlords had given her several previous N12 notices in 2022, and that the Landlords have been trying to evict her for years. Désiré Rochon also explained that there had been maintenance issues at the rental unit and that she felt harassed by the Landlords.
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