Lorusso v Wilkinson

Landlord wins · Kincardine · 2023-05-29

Adjudicator

Percy Laryea

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

C.L.

Tenant

A.W.

Landlord rep

James Romeo Roussy

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord's son in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenant claimed the Landlord gave the N12 notice in bad faith due to previous defective N12 notices and the Landlord's attempt to increase the rent above the guideline.

The ruling

The tenancy is terminated, and the Tenant must move out of the rental unit on or before June 30, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.