Perciasepe v Siviero

Landlord wins · Stouffville · 2025-07-04

Adjudicator

Eric Groulx

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

J.P.

Tenant

M.L.S.

Landlord rep

Avital Altman

Tenant rep

Elizabeth Anani

What happened

The Landlord applied to terminate the tenancy for the residential occupation of the rental unit by the Landlord's daughter. The Tenant challenged the application on the grounds of bad faith, suggesting the eviction was motivated by the Tenant's previous repair requests and noting that the Landlord owned other properties. The Landlord demonstrated a consistent intent to reclaim the property for his daughter's use through several previous N12 notices. The Board found that the Landlord acted in good faith and that the daughter genuinely intended to reside in the unit for at least one year.

The ruling

The tenancy is terminated effective September 30, 2025. The Landlord was found to have a genuine, good-faith intent for his daughter to occupy the rental unit. Despite the Tenant's arguments of bad faith based on past maintenance disputes, the Board accepted the Landlord's testimony. To accommodate the Tenant's medical issues and family situation, the Board extended the move-out date by several months.