Evictly

Matos v Robertson

Tenant wins · Milton · 2024-03-27

Adjudicator
Frank Ebner
Dispute
Personal Use
Notice
Personal use (N12)
Amount
<$5K
Landlord
M.D.C.M.
Tenant
M.R.
Landlord rep
John O'Malley
Tenant rep
Shaun Harvey

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

Landlord's application is dismissed as the Landlord filed the application in response to the Tenant's maintenance requests, which is prohibited under s. 83(3)(c) of the Act. Tenant must pay Landlord $1,800 representing the one month's rent compensation paid on August 24, 2022.