Landlord Wins Personal Use Case: Zhang v Thomson 2023
Oshawa tenant must vacate by January 31, 2024 after landlord wins personal use eviction case, owes $4426
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 178 Adelaide Ave E, Oshawa, ON L1G1Z4
Decision in favor of
landlord
Balance Owed to Landlord
$4,426
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Dec 14, 2023
Tenancy End Date
Jan 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's compensation
- Landlord genuinely intends to occupy unit for at least one year
- Tenant's evidence insufficient to find serious breach by Landlord
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 paid the Tenant one month's compensation in accordance with the requirements under the Act. The Landlord in good faith requires possession of the rental unit for the purpose of their own residential occupation for a period of at least one year. The evidence was insufficient to find the Landlord was in serious and ongoing breach of their obligations under the Act or any material covenants of the tenancy agreement.
Arguments and Actions
Tenant
Arguments
Tenant argued the Landlord's intention is to evict her to renovate and re-rent the unit at a higher rate, not to occupy it themselves.
Actions
Tenant testified she has disabilities, receives government support, and has lived in the rental unit for many years. She has not been able to find an affordable new place to live.
Decision Summary
The tenancy is terminated effective January 31, 2024. The Tenant must pay the Landlord $4,426.22 in compensation for use of the unit from June 1, 2023 to October 4, 2023, and an additional $35.13 per day from October 5, 2023 until the Tenant moves out. If the Tenant does not pay the full amount owed by December 25, 2023, they will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
To provide the Tenant additional time to find a new place to live
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Other Owed Amount
$4,426
Compensation for use of unit from June 1, 2023 to October 4, 2023
Total Owing
$4,426 (Owed to Landlord)
Source
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