Khan v Brown

Landlord wins · Napanee · 2024-11-08

Adjudicator

Benjamin Seigel

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

S.K.

Tenant

B.B., J.R.B.

Landlord rep

Kerry Javadi

Tenant rep

Dara Saunders

What happened

Landlord applied for an order to terminate the tenancy and evict the 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 purchased the rental unit in 2022 and wants to move his family into the unit to operate and build up the recycling yard business located on the adjoining property.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants is granted. The Tenants must vacate the rental unit by January 31, 2025. The Tenants shall pay the Landlord compensation of $39.45 per day for use of the unit starting September 1, 2024 until the date they move out. The Landlord has shown they genuinely require the unit for their own residential use.