Koronkiewicz v Lionel
Tenant wins · York · 2025-12-18
- Adjudicator
- Terri van Huisstede
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- J.A.K., B.K.
- Tenant
- D.L.
- Landlord rep
- Eric Spalvieri
- Tenant rep
- Jimmy Gangadin
What happened
The Landlords applied to terminate the tenancy for personal use (N12), claiming they needed to move into the rental unit because their current residence, belonging to a late relative, had to be sold. The Tenant alleged the notice was served in retaliation for maintenance complaints filed with the city. The Board found the Landlord's testimony regarding their financial situation and the physical suitability of the unit to be contradictory and lacking credibility, leading to the dismissal of the application.
The ruling
The Landlords' application to terminate the tenancy for personal use was dismissed. The Adjudicator found that the Landlords failed to demonstrate a genuine, good-faith intention to occupy the rental unit, primarily due to inconsistent testimony and a lack of transparency regarding their financial situation and the status of their current residence.