Guo v Ruetter

Tenant wins · Oakville · 2025-10-09

Adjudicator

Robert Patchett

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

L.G., N.L.

Tenant

D.R.

Landlord rep

Desislava Yordanova

Tenant rep

Bryan Liu

What happened

The Landlords applied for an order to terminate the tenancy for personal use, claiming the unit was required for the residential occupation of Landlord 1's brother. The application was ultimately dismissed because a brother is not defined as an immediate family member under the Residential Tenancies Act for personal use evictions, and Landlord 1 provided contradictory testimony due to a significant language barrier.

The ruling

The Landlords' application to terminate the tenancy for personal use is dismissed. The adjudicator found that a sibling does not qualify as an immediate family member under the Act. Furthermore, the Landlord 1's testimony was found to be contradictory and they demonstrated a lack of understanding regarding the legal declaration they had signed.