Eroles v McGregor

Landlord wins · Niagara Falls · 2025-07-11

Adjudicator

Joshua Labbe

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

P.E., J.E.

Tenant

A.M.

Landlord rep

Silvat Moaziz Syed

Tenant rep

Erin Clark

What happened

The Landlords applied to terminate the tenancy for personal residential occupation (N12). The Landlords, currently living in Toronto, intend to move into the rental unit to be closer to their workplace. The Tenant contested the good faith of the notice and raised past maintenance issues regarding heating and raccoons as a defense under Section 83(3)(a). The Board found the Landlords' intention genuine and the maintenance issues resolved, therefore not constituting a serious ongoing breach. However, due to the Tenant's 17-year tenure and health issues, the eviction was postponed for several months.

The ruling

The tenancy is terminated effective August 15, 2025. The Landlords' application for personal use was granted as they proved a genuine intention to occupy the unit. Although the Tenant raised maintenance concerns, the Board found them to be past issues and not grounds to deny the eviction. The eviction date was extended to August 15, 2025, to allow the Tenant, who has lived there for over 17 years and has health issues, sufficient time to relocate.