Landlord Wins Personal Use Case: Zhu v Shah 2024
Windsor landlord granted personal use of rental unit, tenant given extended move-out period until August 2024
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 307 Josephine Ave, Windsor, ON N9B2K9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Feb 2024
Order Date
Jun 19, 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 personal residential occupation for at least one year.
Determinations
- Landlord served valid N12 Notice
- Landlord intends to reside in unit for at least one year
- Landlord paid one month's compensation
- Tenant's maintenance concerns not substantiated
Case Study
The test of good faith is a genuine intention to occupy the premises, not the reasonableness of the Landlord's proposal.
Arguments and Actions
Landlord
Arguments
Landlord requires unit for personal use due to mobility issues and building monitoring
Actions
Landlord facing financial pressure, needs to reduce mortgage costs
Tenant
Arguments
Landlord owns other properties and lives in a mansion, should not evict this tenant
Actions
Tenant claims Landlord is retaliating for maintenance requests
Decision Summary
Tenancy terminated, with Tenant required to vacate by August 31, 2024. Landlord granted possession of unit for personal use, with daily compensation of $18.51 from February 22, 2024, until Tenant moves out.
Reason for Eviction Relief
Tenant recently underwent surgery and needs time to find employment and housing
Adjudicator Details
LTB Member
Total Orders
48
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$563
Rent Deposit
$460
Other Owed Amount
$19
Daily compensation per day of occupancy
Source
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