Eroles v Cook

Landlord wins · Niagara Falls · 2025-07-11

Adjudicator

Joshua Labbe

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

P.E., J.E.

Tenant

M.C., D.L.

Landlord rep

Silvat Moaziz Syed

What happened

Landlords applied to terminate the tenancy because they require the unit for their child's residential occupation. Landlord 1 and Landlord 2 served an N12 notice to Tenant 1 and Tenant 2. Tenant 1 contested the good faith of the move, specifically questioning the reasonableness of the child moving from Toronto. The Board found the child's intention to move into the lower unit to be near family in the upper unit was credible and sincere.

The ruling

The tenancy is terminated effective August 15, 2025. The Landlords' child is found to have a genuine intent to occupy the unit. Although the Tenants challenged the move's reasonableness, the legal standard for 'good faith' was met. Due to the Tenants' 12-year history in the unit, the Board granted relief by delaying the eviction until mid-August 2025.