Last updated: October 13, 2024
Ordered by Sonia Anwar-Ali,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$12,040
to Landlord
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Citation: Pinard v Spences-lee, 2024 ONLTB 18212
File Number: LTB-L-058573-22
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Mar 12, 2024
Tenancy End Date
Apr 2024
The Landlord's application to terminate the tenancy and evict the Tenant for the purpose of personal use is granted. The Tenant must vacate the unit by April 30, 2024. If the Tenant does not vacate by that date, the Landlord may file the order with the Sheriff for enforcement. The Tenant owes the Landlord $12,040.35 in compensation for use and occupation of the unit, less the rent deposit and interest.
Considering the Tenant's circumstances, including her mental health challenges and financial situation, it would not be unfair to postpone the eviction until April 30, 2024.
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's good faith requirement of the rental unit for their own personal use for at least one year.
Landlords testified that they purchased the property in 2021 and have been residing in the upstairs unit, but now require the entire home for their own personal use as they are trying to start a family and need more space for a home office and nursery.
Tenant argued that the Landlords do not have a genuine intent to occupy the unit and are instead trying to evict her to get a higher market rent. She also argued that eviction would have a detrimental effect on her financially and emotionally due to her mental health challenges and low income.
Tenant testified that she has known the Landlords since 2021 when they purchased the home, and that she had a good relationship with them until last summer when she was served with the N12 notice. She believes the Landlords are retaliating against her for being late on rent payments during COVID.
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Lawful Rent
$985
Rent Deposit
$950
Deposit Interest
$32
Other Amount
$13,022
Compensation for use and occupation of unit from Oct 15, 2022 to Nov 30, 2023
Ordered Amount
$12,040 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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