Last updated: August 23, 2024
Ordered by Frank Ebner,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$1,800
to Landlord
Agree with the ruling?
Citation: Matos v Robertson, 2024 ONLTB 19577
File Number: LTB-L-050544-22, LTB-L-075139-23
Application Date
Oct 2023
Hearing Date
Mar 2024
Order Date
Mar 27, 2024
The Landlord's application to terminate the tenancy for personal use was dismissed. The Board found that the Landlord filed the application in response to the Tenant's maintenance requests, which is not allowed under the Residential Tenancies Act. The Tenant is ordered to return the $1,800 compensation previously paid by the Landlord.
The 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. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
The Landlord argued that the previously paid compensation of $1,800 for a prior N12 notice should apply to the current N12 notice.
The Landlord claimed to be in financial difficulties and stated a need to move into the rental unit. The Landlord's declaration contradicted her oral testimony regarding the reason for serving the N12 notice.
The Landlord's declaration did not fully comply with s. 72(1)(a) of the Act, as it did not state that the Landlord required the unit in good faith for personal use for at least one year.
The Tenant's representative argued that the Landlord's application should be dismissed under s. 83(3)(c) of the Act, as it was filed in response to the Tenant's attempts to enforce her legal rights by requesting maintenance.
The Tenant made numerous maintenance requests throughout the tenancy, which resulted in significant costs for the Landlord.
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Lawful Rent
$1,800
Other Amount
$1,800
Return of one month's rent compensation
Ordered Amount
$1,800 (to Landlord)
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