Landlord Wins Personal Use Case: Zaribaf v Yekta 2024
Toronto tenant must vacate by August 31, 2024 for landlord's personal use, owes $13056
Summarized by RentZenLast updated: November 3, 2024
Case Summary
3307 Roehampton Ave, Toronto, ON M4P0C6
Decision in favor of
landlord
Balance Owed to Landlord
$13,056
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 20, 2024
Tenancy End Date
Aug 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 by the Landlord's son.
Determinations
- Landlord served valid N12 notice
- Tenant was in possession on application date
- Landlord requires unit for son's residential occupation
- Son's testimony found credible
Arguments and Actions
Tenant
Arguments
Tenant argues the landlord's son's credibility and intention should be in question, and the N12 notice was issued in bad faith.
Actions
Tenant asserts this is a bad faith eviction, that the landlord's agent has been harassing her, and that the landlord wants to evict her to increase the rent.
Decision Summary
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy under section 48(1) of the Residential Tenancies Act, 2006. The Tenant must move out of the unit on or before August 31, 2024. The Tenant shall pay the Landlord $13,055.65, which represents compensation for use and occupation of the unit.
Reason for Eviction Relief
Tenant's daughter's medical condition and limited income
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,743
Rent Deposit
$1,700
Deposit Interest
$82
Other Owed Amount
$14,838
Compensation for use and occupation of unit from Aug 1, 2023 to Apr 15, 2024
Total Owing
$13,056 (Owed to Landlord)
Source
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