LTB Order LTB-L-004865-23

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 47698 (CanLII) Citation: R.B. v S.N., 2023 ONLTB 47698 Date: 2023-07-05 File Number: LTB-L-004865-23 In the matter of: Front unit, 551 Hildegarde street Windsor ON N8X2Z4 Between: R.B. Landlord And S.N. Tenant R.B. (the 'Landlord') applied for an order to terminate the tenancy and evict S.N. (the '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. This application was heard by videoconference on June 1, 2023. Only the Landlord, attended the hearing. Determinations: 1. On November 29, 2022, the Landlord gave the Tenant an N12 notice of termination with the termination date of January 31, 2023. The Landlord claims that they require vacant possession of the rental unit for the purpose of residential occupation by the Landlord’s father. 2. Pursuant to section 48 of the Residential Tenancies Act, 2006 (the ‘Act’): (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by, (c) a child or parent of the landlord or the landlord’s spouse;… Order Page 1 of 4  (2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. File Number: LTB-L-004865-23 2023 ONLTB 47698 (CanLII) 3. The N12 notice gives the Tenant over 60 days’ notice. Rent is due on the 6th day of each month and so the termination date in the notice is the last day of a rental period. 4. Pursuant to s.72(1) of the Act, the Landlord filed the declaration required stating that his father intends to move into the rental unit for no less than one year. 5. The Landlord has not, within two years prior to filing this application, given any other notice under section 48, 49 or 50 of the Residential Tenancies Act, 2006 (the “Act”) in respect of the same or a different rental unit. 6. The main issue to be determined on this application is whether the Landlord has satisfied the “good faith” requirement in s.48(1) of the Act. 7. The rental unit is a detached house with 2 units in the house, one on the upper level one on the lower level. It has a single bedroom a bathroom, kitchen and living room all on the same floor. The bathroom has a step out shower with no tub. 8. At the hearing the Landlord testified he requires vacant possession of the rental unit for his father. The Landlord’s father currently lives in another rental property the Landlord owns, that was due to close the day before the hearing. The Landlord is unable to accommodate his father in his own dwelling and submitted he would have to put his father in a hotel until he can move his father into the rental unit. 9. The Landlord also submitted that due to the set up of the rental unit, his father has all he needs on the main floor, and further the bathroom does not have a tub in the shower making it easier for his aging father to get in and out of. 10. The Landlord testified he has compensated the Tenant an amount equal to one month's rent by January 31, 2023. The Landlord initially gave the Tenant a cheque, which the Tenant did not cash before January 31, 2023, however the Landlord did provide the cheque to the Tenant. The Landlord testified he followed up with the Tenant and gave a replacement cheque that the Tenant cashed. Failure to cash a compensation cheque by the Tenant does not void the notice. 11. Based on the evidence before me, and on a balance of probabilities, and with the uncontested testimony of the Landlord, I find the Landlord has fulfilled the obligation under the Act to compensate the Tenant. 12. The Tenant was required to pay the Landlord $1,989.04 in daily compensation for use and occupation of the rental unit for the period from February 1, 2023 to June 1, 2023. Order Page 2 of 4  13. Based on the Monthly rent, the daily compensation is $16.44. This amount is calculated as follows: $500.00 x 12, divided by 365 days. 14. There is no last month's rent deposit. 15. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant 2023 ONLTB 47698 (CanLII) File Number: LTB-L-004865-23 relief from eviction pursuant to subsection 83(1) of the Act. The Tenant did not attend and so I heard no reasons not to grant the Landlord’s application. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before July 16, 2023. 2. If the unit is not vacated on or before July 16, 2023, then starting July 17, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after July 17, 2023. 4. The Tenant shall pay to the Landlord $1,989.04, which represents compensation for the use of the unit from February 1, 2023 to June 1, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 5. The Tenant shall also pay the Landlord compensation of $16.44 per day for the use of the unit starting June 2, 2023 until the date the Tenant moves out of the unit. July 5, 2023 Date Issued Greg Brocanier Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 3 of 4 In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenant expires on January 17, 2024 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. 2023 ONLTB 47698 (CanLII) Order Page 4 of 4