Ribeiro v G'ala

Landlord wins · Toronto · 2025-06-05

Adjudicator

Jeremy Henderson

Dispute

Non-payment of Rent, Personal Use

Notice

Non-payment of rent (N4), Personal use (N12)

Amount

$10-20K

Landlord

A.R.

Tenant

C.G.

Landlord rep

Toya Dutra

What happened

The Landlord filed applications for eviction due to non-payment of rent (L1) and for personal use by his daughter (L2). The Tenant had accumulated significant rent arrears. The Landlord had previously filed and withdrawn an N12 for his son, which the Tenant argued was a sign of bad faith. The Board found the daughter's intention to occupy the unit to be genuine and the Landlord's explanation for the prior withdrawn application credible. The Tenant raised past maintenance issues, but as they were not ongoing at the time of the hearing, they did not prevent the eviction. The Board terminated the tenancy but postponed the eviction to accommodate the Tenant's high school-aged child's school schedule.

The ruling

The Board terminated the tenancy based on both the Landlord's application for personal use (N12) and non-payment of rent (N4). The eviction is postponed until June 30, 2025, to minimize disruption to the Tenant's child's schooling. The Tenant is ordered to pay the Landlord $15,479.80 for rent arrears and the application fee, plus daily compensation of $44.38 for each day she remains in the unit after the hearing.