Silvestrin v Erazo-Ibarra

Tenant wins · Dundas · 2024-09-12

Adjudicator

Julie Broderick

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

G.S.

Tenant

A.E., N.I.

Tenant rep

Lisa Duchene

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's son.

The ruling

The Landlord's application is dismissed. The Landlord has not proven on a balance of probabilities that the Landlord's son genuinely intends to occupy the rental unit for the purposes of residential use for one year. The Landlord's monetary claim for undue damage is also dismissed due to lack of evidence.