Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Wara v Bisram, 2024 ONLTB 84406
File Number: LTB-L-028171-24
Hearing Date
Oct 2024
Order Date
Nov 25, 2024
The Landlord's application is dismissed. The Tenant shall pay to the Landlords the amount equal to one month's rent, which was given by the Landlords in satisfaction of the required compensation under s. 48.1 of the Act.
Landlord did not prove good faith intent to occupy unit
The Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's parent Jobairy Wadud.
Landlord testified that they require the unit for their parent Jobairy Wadud to live in for at least 12 months.
Tenant argued that the application should be dismissed because it was brought after the Tenant had attempted to enforce their rights under the Act by refusing to pay an unlawful rent increase.
Tenant testified that they did not believe the N12 notice was in good faith, and that the real reason was an illegal rent increase and maintenance issues.
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