Baraich v Swied
Tenant wins · Oakville · 2025-06-10
- Adjudicator
- Paula West Oreskovich
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- P.B.
- Tenant
- N.S.
- Landlord rep
- Eric Spalvieri
- Tenant rep
- Muhammad Zafar
What happened
The Landlord applied to evict the Tenant for personal use, claiming her son needed to occupy the basement unit. The Tenant contested the application, arguing it was made in bad faith as the Landlord's true intention was to sell the property. Evidence included a recorded conversation where the Landlord's agent discussed selling the house and the recent placement of a 'coming soon for sale' sign on the property. The Board found the Landlord failed to prove a genuine intent for personal use.
The ruling
The Landlord's application to terminate the tenancy for personal use is dismissed. The Board was not satisfied that the Landlord's son genuinely intended to move into the rental unit. The Tenant is ordered to repay the $1,711.75 in compensation she received with the N12 notice to the Landlord by July 1, 2025.