Landlord Wins Personal Use Case: Wojcicki v Carrier 2024
Toronto tenant evicted for landlord's personal use, ordered to pay $8422
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 414 Davenport Rd, Toronto, ON M4V1B5
Decision in favor of
landlord
Balance Owed to Landlord
$8,422
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2023
Hearing Date
Jan 2024
Order Date
Feb 20, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord paid one-month compensation
- Landlord in good faith requires possession for own use for at least one year
- Tenant's arguments about reasonableness of Landlord's intention not relevant
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord's intention to occupy the unit for at least one year is found to be in good faith.
Arguments and Actions
Landlord
Arguments
Landlord argued she has a genuine intention to occupy the unit for at least one year.
Actions
Landlord testified she intends to move her elderly parents from St. Thomas into the upper unit and she and her husband will move into the basement unit.
Tenant
Arguments
Tenant argued the Landlord's evidence is not credible and the unit is not suitable for the Landlord's stated purpose.
Actions
Tenant believes the Landlord does not intend to move in and is just trying to evict him due to past issues.
Decision Summary
The tenancy is terminated effective June 30, 2024. The Tenant must move out by that date. The Tenant shall pay the Landlord $8,421.94 in compensation for use of the unit from June 1, 2023 to January 17, 2024. If the unit is not vacated by June 30, 2024, the Landlord may file the order with the Court Enforcement Office for enforcement.
Reason for Eviction Relief
To allow the Tenant sufficient time to organize his affairs and find suitable accommodations
Adjudicator Details
LTB Member
Total Orders
190
Landlord Favorable
93.2%
Tenant Favorable
4.2%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$1,109
Other Owed Amount
$8,422
Compensation for use and occupation of unit from June 1, 2023 to January 17, 2024
Total Owing
$8,422 (Owed to Landlord)
Source
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