Pham v Loeb

Tenant wins · Oakville · 2021-11-16

Adjudicator

Poeme Manigat

Dispute

Damage to Property, Personal Use

Notice

Personal use (N12)

Landlord

T.N.H.P.

Tenant

K.L.

Tenant rep

Cathy Corsetti

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to undue damage to the premises and 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 Landlord's application is dismissed. The Landlord failed to pay the required compensation to the Tenant as per the Residential Tenancies Act, and therefore does not have the right to terminate the tenancy for the purpose of residential occupation.