Landlord Wins Personal Use Case: Wu v Tang 2024
Landlord wins personal use case, Unionville tenant ordered to vacate by August 31, 2024
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 191 Helen Ave, Unionville, ON L3R1J7
Decision in favor of
landlord
Balance Owed to Landlord
$121
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jul 8, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict 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
- Tenant was in possession on application date
- Landlord served valid N12 notice
- Landlord provided required compensation
- Landlord genuinely intends to occupy unit
Arguments and Actions
Landlord
Arguments
Landlord argued that there is no evidence the Tenant has made any reasonable effort to find another place to live and that the Tenant would have adequate access to transportation to medical appointments even if the tenancy were terminated.
Actions
Landlord testified that they, their spouse, and children intend to move to Toronto and occupy the rental unit for at least one year as soon as they can obtain vacant possession.
Tenant
Arguments
Tenant argued that the Landlord does not genuinely intend to occupy the unit and that similar units nearby are not affordable.
Actions
Tenant is 73 years old with health issues requiring treatment at a nearby hospital. Tenant submitted that having to move may negatively affect their health.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant is granted. The tenancy is terminated and the Tenant must move out by August 31, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Sheriff for enforcement. The Tenant must pay the Landlord compensation of $28.27 per day for use of the unit after June 18, 2024 and the $186 application fee, less the $954.38 rent deposit and interest.
Reason for Eviction Relief
Tenant's age and health issues
Adjudicator Details
LTB Member
Total Orders
19
Landlord Favorable
89.5%
Tenant Favorable
10.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$880
Application Fee
$186
Rent Deposit
$860
Deposit Interest
$94
Other Owed Amount
$28
Compensation for use of unit after termination date
Total Owing
$121 (Owed to Landlord)
Source
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