Milanovski v Zuniga

Landlord wins · Kitchener · 2025-10-02

Adjudicator

Karen Gonçalves

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

V.M.

Tenant

C.Z.

Landlord rep

Martin Calderon

Tenant rep

Alfred Chinambu

What happened

The Landlord applied to terminate the tenancy so her daughter could move into the basement unit to gain personal space and attend a nearby university. The Tenant contested the application, alleging bad faith and claiming the Landlord only wanted him out because he was on social assistance and she wanted to avoid disclosing rental income for tax purposes.

The ruling

The LTB ordered the termination of the tenancy effective October 31, 2025. The Landlord succeeded in proving that her daughter genuinely intends to occupy the unit. However, the Board granted the Tenant a delay in eviction until the end of October 2025 to allow more time to find alternative housing. If the Tenant stays beyond the move-out date, they must pay $26.30 daily compensation.