Last updated: September 12, 2024
Ordered by Mark Melchers,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$13,441
to Landlord
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Citation: Saira Nazim v Mariantonia Da Fonte, 2023 ONLTB 37760
File Number: LTB-L-065396-22
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 31, 2023
Tenancy End Date
Jul 2023
The tenancy is terminated effective July 31, 2023. The Tenants must vacate the unit by this date. If the unit is not vacated by July 31, 2023, the Landlords may file the order with the Court Enforcement Office for enforcement starting August 1, 2023. The Tenants must pay the Landlords $13,440.87 for use of the unit from November 1, 2022 to April 20, 2023, less the rent deposit and interest owed on the deposit. The Tenants must also pay the Landlords $92.05 per day for use of the unit from April 21, 2023 until the date they move out.
This is a long-term tenancy, and while the Landlords' application is granted, it is not unfair to delay eviction so the Tenants have adequate time to find other living accommodation.
Landlords applied for an order to terminate the tenancy and evict Tenants because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year.
Landlords argued they served a valid N12 notice and have a genuine intent to occupy the unit for at least 1 year.
Landlords require the rental unit for their own residential use, as their current 2-bedroom apartment is overcrowded with their two adult sons and daughter-in-law.
Tenants argued there was a 3-year term renewal agreement in place that would not expire until August 2024.
Tenants have lived in the rental unit for 16 years, their children are in school nearby, and the Tenants' work and services are located close to the rental unit.
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Lawful Rent
$2,800
Rent Deposit
$1,825
Deposit Interest
$476
Other Amount
$13,441
Compensation for use of unit from Nov 1, 2022 to Apr 20, 2023, less rent deposit and interest
Ordered Amount
$13,441 (to Landlord)
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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