Ichikawa v Toneguzzi

Landlord wins · Thunder Bay · 2024-05-21

Adjudicator

Elan Shemtov

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

B.I.

Tenant

C.T., T.T.

Landlord rep

Jessica Macaulay

Tenant rep

Mihelle Lambert, Robert Tindall

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

The ruling

The Landlord has established a genuine intent to live in the rental unit for at least one year due to his knee injury and difficulty with stairs in his current basement unit. However, considering the Tenant's recent surgery and health issues, as well as their caregiving responsibilities, the eviction is postponed to June 30, 2024. The Tenants must pay $1,799.05 in rent arrears and daily compensation starting April 1, 2024 until they vacate.