Ahsan v Santorello

Split/Other wins · Scarborough · 2025-04-15

Adjudicator

Paula West Oreskovich

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

S.A.

Tenant

D.S.

Landlord rep

Iman Ahsan

What happened

The Landlord applied to evict the Tenant for personal use, stating his daughter required the rental unit. The daughter, having lost her job, needed an affordable and independent living space. The Tenant, a resident for 20 years, questioned the landlord's good faith. The Board found the landlord's daughter's intention to occupy the unit genuine.

The ruling

The Board granted the Landlord's application to terminate the tenancy for personal use by his daughter, finding the intention was in good faith. However, considering the Tenant's 20-year tenancy, health issues, and the difficulty of finding affordable housing, the Board exercised its discretion under section 83 of the Act to delay the eviction. The tenancy is terminated, and the Tenant must vacate on or before June 30, 2025. The Landlord's claim for daily compensation was dismissed.