Magalhaes v Legg

Landlord wins · Toronto · 2025-09-24

Adjudicator

Panagiotis P. Roupas

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

C.M.

Tenant

J.L.

Landlord rep

Nicole Fazzari

What happened

The Landlord applied to terminate the tenancy because he requires the rental unit for his own residential occupation. The Landlord is currently going through a separation and divorce and needs to move out of the matrimonial home where he resides in the basement. The Tenant challenged the good faith of the application, suggesting it was motivated by issues with previous subletters.

The ruling

The LTB ordered the termination of the tenancy effective December 31, 2025. The Landlord was found to have a genuine good-faith intent to occupy the unit due to personal life changes (separation). The Landlord is ordered to pay $87.98 in interest on the rent deposit to the Tenant by the termination date. The Landlord was granted an extension to pay the mandatory one-month compensation because the Tenant had previously refused to accept it.