Last updated: July 22, 2024
Ordered by Greg Witt,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$4,404
to Landlord
Agree with the ruling?
Citation: Gourlay-Dahmer v Ritz, 2022 ONLTB 13196
File Number: LTB-L-005026-22
Hearing Date
Aug 2022
Order Date
Nov 30, 2022
Tenancy End Date
Feb 2023
The tenancy is terminated effective February 28, 2023. The Tenant must pay the Landlord $4,403.90 for compensation of use of the unit from March 31, 2022 to August 22, 2022, less the rent deposit and interest. The Tenant must also pay $39.45 per day from August 23, 2022 until move-out. If the Tenant does not vacate by February 28, 2023, the Landlord may file for eviction enforcement.
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 residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
The Landlord maintained that the N12 notice was issued in good faith for the purpose of residential occupation for at least one year.
The Landlord testified that he has moved to Ontario from British Columbia, works remotely, and intends to live in the unit for at least one year with his family.
The Landlord initially failed to disclose a previous N12 notice in the application, but this was later amended and found not to be prejudicial to the Tenant.
The Tenant argued that the Landlord's intention was to re-rent or sell the unit at an increased amount, not to move in. The Tenant also claimed that ongoing maintenance problems should justify mandatory refusal of eviction.
The Tenant raised maintenance issues and alleged that the Landlord issued the N12 in bad faith as a response to these complaints.
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Lawful Rent
$1,200
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$64
Other Amount
$5,668
Daily compensation for use and occupation from March 31, 2022 to August 22, 2022
Ordered Amount
$4,404 (to Landlord)
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