Brain v Brain

Landlord wins · 2021-03-10

Adjudicator

James W. Sloan

Dispute

Tenant-initiated Termination

Landlord

A.B.

Tenant

R.B., K.P.

Landlord rep

Timothy J. McGurrin

Tenant rep

Benjamin E. Jefferies

What happened

Landlord sought to terminate a familial living arrangement with her daughter and son-in-law, who had been residing in her home for approximately four years. The arrangement was initially made to assist in caring for the landlord's now-deceased husband and maintain the property. The relationship between the parties has deteriorated, leading to the landlord's request for the tenants to vacate the property.

The ruling

The court ruled that the living arrangement between the parties was a familial arrangement, not a tenancy. The respondents (tenants) were ordered to vacate the property by April 11, 2021 at 12:00 noon. The applicant (landlord) was granted exclusive possession of the property. If the respondents fail to vacate, law enforcement may remove them. The respondents retain the right to pursue their separate lawsuit regarding equity in the property or other damages.