Gill v Marshall

Landlord wins · Orillia · 2021-05-17

Adjudicator

Richard Ferriss

Dispute

Personal Use

Notice

Personal use (N12)

Amount

$10-20K

Landlord

W.G.

Tenant

K.M.

Landlord rep

Stephen Robins

Tenant rep

Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The tenancy is terminated effective March 31, 2020. The Tenant must move out by August 31, 2021. The Tenant must pay the Landlord $14,996.23, which represents compensation for use of the unit from April 1, 2020 to May 17, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $39.45 per day for compensation for use of the unit from May 18, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by May 28, 2021, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by August 31, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.