LTB Order LTB-L-008162-23

Order under Section 69 Residential Tenancies Act, 2006 Citation: J.P. v W. M., 2023 ONLTB 47406 Date: 2023-07-10 2023 ONLTB 47406 (CanLII) File Number: LTB-L-008162-23 In the matter of: 1, 947 EAST MAIN ST WELLAND ON L3B3Z2 Between: J.P. L. A. W. M. Tenant J.P. (the 'L.') applied for an order to terminate the tenancy A. evict W. M. (the 'Tenant') because: • the L. in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. This application was heard by videoconference on June 13, 2023 at 09:00 am. The L. A. the Tenant A. the Tenant’s Witness Chloe Trujano attended the hearing. Determinations: 1. As explained below, the L. has proven on a balance of probabilities the grounds for termination of the tenancy. Therefore, the tenancy is terminated. However, it would not be unfair to postpone the eviction until August 31, 2023. 2. The Tenant was in possession of the rental unit on the date the application was filed. 3. On December 29, 2022, the L. gave the Tenant an N12 notice of termination deemed served the same date with the termination date of February 28, 2023. The L. claims that they require vacant possession of the rental unit for the purpose of residential occupation by the L.’s son Achilles P.. 4. The L. offered the Tenant compensation on December 29, 2022 when he served the notice in the form of a cheque, but the Tenant refused. 5. The L. collected a rent deposit of $660.00 from the Tenant A. this deposit is still being held by the L.. Interest on the rent deposit, in the amount of $93.15 is owing to the Tenant for the period from July 1, 2014. 6. In accordance with subsection 106(10) of the Residential Tenancies Act, 2006, (the ‘Act') the last month's rent deposit shall be applied to the rent for the last month of the tenancy. Order Page 1 of 3  File Number: LTB-L-008162-23 Good faith 5. On the basis of the sworn declaration filed with the Board A. the L.’s testimony, I find that the L.’s son, Achilles P. genuinely intends to move into the rental unit after the Tenants vacate A. live there for at east one year. Therefore, the L. in 2023 ONLTB 47406 (CanLII) good faith requires possession of the rental unit for the purpose of their residential occupation for a period of at least one year. 6. The L. testified that his son had been accepted to Niagara College A. it was his intent to move into the rental unit for the duration of his program. He explained that his son would have been present to testify if he still wasn’t in school. 7. The Tenant testified it was their belief that the L.’s application was not filed in good faith, submitting that this was just another attempt to force them into leaving, citing refusals to complete maintenance A. previous notices to terminate the tenancy for the purposes of renovations. The Tenant believes the L. intends to rent out the rental unit at a higher rent, having seen advertisements for an apartment to rent posted outside the building. A picture of such an advertisement was entered in evidence. 8. In response the L. testified that he had previously served notices to terminate for renovations A. had completed renovations on other units where the tenants had vacated. However, he also testified to not filing an application to terminate the Tenant’s tenancy before due to the extensive wait times to have a hearing before the Board A. the availability of contractors. Regarding the advertisement for an apartment for rent, it was his testimony that that advertisement was for another rental unit, which he had renovated A. was three bedrooms, not the two-bedroom unit that the Tenant occupies. 9. The Tenant’s witness Chloe Trujano then testified, in her capacity as the tenant’s live in girlfriend, that she had witness the L. A. the Tenant dispute over maintenance issues but she couldn’t recall the exact date or time. 10. The fact the L. served previous of notices don’t automatically indicate a lack of good faith A. I accept the L.’s explanation. In the absence of any substantive evidence from the Tenant, I am satisfied on the balance of probabilities that the L.’s son genuinely intends to move into the rental property for a period of no less than one year. 11. That said, should the L.’s son fail to move into the rental property A. instead attempt to rent it out at a higher rate the Tenant is encouraged to exercise his rights A. file a bad faith application at the LTB. Relief from Eviction 12. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to postpone the eviction until August 31, 2023 pursuant to subsection 83(1)(b) of the Act. 13. Although I am satisfied the L. has proven grounds for the termination of the tenancy, I am also satisfied that a postponement is warranted to allow the Tenant time to find a new rental unit while not overtly prejudicing the L.. It is ordered that: Order Page 2 of 3  File Number: LTB-L-008162-23 1. The L. shall pay the Tenant an amount equal to one months rent by July 31, 2023. 2. If the L. makes the payment required in paragraph one, the tenancy between the L. A. the Tenant is terminated A. the Tenant must move out of the rental unit on or before August 31, 2023. 2023 ONLTB 47406 (CanLII) 3. If the unit is not vacated on or before August 31, 2023, then starting September 1, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 4. If the L. does not make the payment required in paragraph one, the tenancy between the L. A. the Tenant shall continue. July 10, 2023 Date Issued Kelly Delaney Member, L. A. 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. In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenant expires on March 1, 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. Order Page 3 of 3