Personal Use Eviction: Wu v Kwok 2024 LTB Case
North York landlord wins personal use eviction with tenants granted delay until October 2024
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 55 De Boers Dr, North York, ON M3J0G5
Decision in favor of
landlord
Balance Owed to Landlord
$4,146
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Feb 2024
Hearing Date
Jul 2024
Order Date
Aug 29, 2024
Tenancy End Date
Oct 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because he requires possession of the rental unit for personal residential occupation for at least one year.
Determinations
- Landlord genuinely requires unit for personal occupation
- Compensation provided to Tenants
- Eviction postponed to October 31, 2024
Case Study
The Board considered the Landlord's good faith intention to occupy the unit and the Tenants' circumstances in delaying eviction.
Arguments and Actions
Landlord
Arguments
Genuine intention to occupy the unit for at least one year
Actions
Landlord currently living with parents, needs to move into rental unit
Tenant
Arguments
Landlord's N12 notice was served in bad faith, with evidence of rental listings
Actions
Tenants claimed difficulty finding affordable alternative housing near their child's school
Decision Summary
Tenancy terminated effective October 31, 2024. Tenants must vacate by this date and pay compensation to the Landlord. Landlord's good faith intention to occupy the unit was established.
Reason for Eviction Relief
Tenants need time to find alternative housing near child's school
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$3,300
Rent Deposit
$3,178
Other Owed Amount
$106
Daily compensation for unit use
Total Owing
$4,146 (Owed to Landlord)
Source
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