Evictly

Marchese v Amaro

Landlord wins · Toronto · 2024-05-31

Adjudicator
Fotoula Hatzantonis
Dispute
Personal Use
Notice
Personal use (N12)
Amount
<$5K
Landlord
T.M.
Tenant
Y.A.
Landlord rep
Avital Altman
Tenant rep
Wajeeha Faiz

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's good faith requirement of the rental unit for his own residential occupation. The Landlord served a valid N12 notice on the Tenant, and the Tenant disputed the Landlord's good faith intention.

The ruling

The Landlord has proven the grounds for termination of the tenancy on the basis of good faith requirement for own residential occupation. However, the eviction is postponed until August 31, 2024 to allow the Tenant sufficient time to find alternative accommodation. The Tenant must pay compensation for use and occupation of the unit from December 1, 2023 to the date they vacate.