Francia v Fullerton

Landlord wins · Oshawa · 2024-07-05

Adjudicator

Julie Broderick

Dispute

Non-payment of Rent, Personal Use

Notice

Non-payment of rent (N4), Personal use (N12)

Amount

>$20K

Landlord

M.F., N.F.

Tenant

G.F.

Landlord rep

Silvat Moaziz Syed

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and the Landlord's good faith requirement to occupy the rental unit. The Tenant was $33,150 in rent arrears and had not paid rent in over a year. The Landlord also served a valid N12 notice to terminate the tenancy for personal use.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant was granted. The Landlord established a genuine intent to occupy the unit for at least 1 year under the N12 notice. The Tenant was also in substantial rent arrears and did not void the N4 notice. While the Tenant raised some maintenance issues, they were not found to be serious enough to deny the eviction. The Tenant was ordered to vacate by July 31, 2024 and pay $30,613.59 in arrears and costs.