Landlord Wins Personal Use Case: Wong v Graff 2024
Windsor tenant faces eviction for landlord's personal use, owes $9868
Summarized by RentZenLast updated: November 3, 2024
Case Summary
570 Bruce Ave, Windsor, ON N9A4W9
Decision in favor of
landlord
Balance Owed to Landlord
$9,868
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Mar 2024
Order Date
Jun 7, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser in good faith requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served valid N12 Notice
- Landlord has entered into an agreement of purchase and sale of the residential complex
- Purchaser in good faith requires possession of the rental unit for the purpose of their own residential occupation
- Landlord has compensated the Tenant an amount equal to one month's rent
- Tenant's title search document is not relevant to the property in question
Arguments and Actions
Tenant
Arguments
Tenant wishes to rely on a title search document obtained in a Service Ontario ONLAND title search to argue that the Landlord does not own the rental unit.
Actions
Tenant testified that the Landlord had told her in the past that he belonged to a group of purchasers and was not the owner of the rental unit. Tenant also testified that she asked every potential buyer/agent who toured the property if they intended to reside in the rental unit and they said they did not.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant is granted. The tenancy is terminated effective June 18, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant must pay the Landlord compensation of $47.67 per day for use of the unit starting March 26, 2024 until the date the Tenant moves out. If the Tenant does not pay the full amount owing by June 18, 2024, the Tenant will start to owe interest at 7.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
35
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,450
Total Owing
$9,868 (Owed to Landlord)
Source
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