Malik v Cote

Landlord wins · Kitchener · 2025-03-13

Adjudicator

Sheena Brar

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

Y.M.

Tenant

J.C., M.C.

Landlord rep

H. Tavorges

Tenant rep

S. Harvey

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 ruling

The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy under section 48(1)(a) of the Residential Tenancies Act, 2006. The tenancy shall terminate on April 30, 2025. The Tenants must vacate the unit by this date, and if they do not, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants shall pay the Landlord compensation of $94.36 per day for use of the unit starting February 1, 2025 until the date they move out. The Landlord owes the Tenants $2,986.60 for the rent deposit and interest, which will be deducted from the amount owing by the Tenants.