LTB Order LTB-L-044693-24

Amended Order Order under Section 69 Residential Tenancies Act, 2006 And section 21.1 of the Statutory Powers Procedure Act Date: 2025-02-03 File Number: LTB-L-044693-24 In the matter of: Lower Unit, 512 CLANCY CRES PETERBOROUGH ON K9K2S1 Between: J.C. Landlords Jason C. Feb 25, 2025 And Rachel G bbons Penny Forrester Tenant J.C. and Jason C. (the 'Landlords') applied for an order to terminate the tenancy and evict Penny Forrester (the 'Tenant') because the Landlords, in good faith, require possession of the rental unit for the purpose of residential occupation for at least one year. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on October 23, 2024. Only the Landlords and the Landlords’ Legal Representative Adam Blacklock attended the hearing. As of 9:30 am, the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. This amended order is issued to correct a clerical error in the order issued on February 3, 2025. Specifically, the certification stamp had the incorrect year of 2024, which has been changed to 2025. It is determined that: 1. As explained below, the Landlords have proven on a balance of probabilities the grounds for termination of the tenancy. Therefore, their application is granted. 2. The Tenant was in possession of the rental unit on the date the application was filed. The N12 Notice Order Page 1 of 4  File Number: LTB-L-044693-24 3. Subsection 48 (1) of the Residential Tenancies Act, 2006 (the ‘Act’) provides that a landlord may give notice to terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by the landlord, the landlord’s spouse, a child or parent of the landlord or the landlord’s spouse, or a person who provides or will provide care services to one of those individuals. 4. On May 26, 2024, the Landlords gave the Tenant an N12 notice of termination with a termination date of July 31, 2024 (the ‘N12 Notice’) The Landlords claim that they require vacant possession of the rental unit for the purpose of residential occupation by their son and daughter. Good Faith Intention to Reside in the Rental Unit 5. The Landlords filed declarations with respect to their intention for their son, Calvin Harvey (‘CH’), to reside in the rental unit and for their daughter to occupy the second bedroom in the lower unit. The Landlords also filed a declaration completed by CH, with their application. CH’s declaration states that he intends to move into a portion of the rental unit. The Landlord, J.C. (‘JC’), also testified at the hearing. 6. JC testified that her and her family would be moving to 512 Clancy Crescent but that the upper part of the house cannot accommodate her whole family. In this regard, the Landlords require the rental unit, located in the lower part of the house, for CH and one of their daughters. The rental unit is a two-bedroom unit. CH would have one room and the Landlords’ daughter would have the other room. 7. JC stated that she and her family need to vacate their current home that they are living in and move into 512 Clancy Crescent for financial reasons and for health reasons. In this regard, their current home is a larger home and the costs of maintenance, the mortgage and the bills have all increased and become difficult to stay on top of. In addition, JC has health issues that make it difficult for her to keep on top of the amount of cleaning required for a larger home. For these reasons, staying where they currently reside will not be an option for CH or their daughter who is to occupy the second room in the rental unit as they must move when the Landlords move. 8. CH is 27 years old and attends Sir Sanford Fleming College, which is in close proximity to the rental unit. JC stated that CH has another year left in his program before he graduates. 9. JC stated that their family intends to reside in the home for at least one year and that CH would be staying in the rental unit for at least one year. In this regard, CH is not working full time as he is in school and could not afford to move out on his own. 10. Once the Landlords receive vacant possession, JC stated that CH would be able to move into the rental unit within a month. 11. Based on the uncontested evidence and submissions provided, I find that the Landlords, in good faith, require possession of the rental unit for the purpose of their children’s residential occupation for a period of at least one year. Order Page 2 of 4  File Number: LTB-L-044693-24 Compensation of One Month’s Rent 12. Subsection 48.1 of the Act requires that a landlord compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48 of the Act. 13. Subsection 55.1 of the Act requires that the compensation be paid no later than on the termination date specified in the notice of termination. 14. The Landlords’ Legal Representative submitted that the Tenant was compensated the required compensation by way of cheque, in the amount of $1,175.00, and that the cheque was cashed by the Tenant on May 31, 2024. 15. Based on the submissions provided, I was satisfied that the Landlords had paid the compensation required in accordance with the Act. Daily Compensation & Rent Deposit 16. Based on the Monthly rent, the daily compensation is $38.63. This amount is calculated as follows: $1,175.00 x 12, divided by 365 days. 17. In the application, the Landlords sought daily compensation for the use of the rental unit from August 1, 2024 to October 23, 2024. At the hearing, the Landlords’ Legal Representative submitted that the Tenant had paid most of the rent during this period. However, the Tenant was in arrears of rent for the month of August 2024 in the amount of $415.11. In light of this, the Landlords are only entitled to compensation in the amount of $415.11 as the Tenant has paid the rent for the rest of the aforesaid period. 18. The Landlords collected a rent deposit of $1,050.00 from the Tenant and this deposit is still being held by the Landlords. Interest on the rent deposit, in the amount of $124.14 is owing to the Tenant for the period from March 1, 2018 to October 23, 2024. Relief from Eviction / Section 83 of the Act 19. Both JC and the Landlords’ Legal Representative were asked if they were aware of any circumstances of the Tenant’s that would give rise to delaying or denying eviction. JC stated that she was not aware of any circumstances as did the Landlord’s Legal Representative. 20. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Act and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Landlords require the rental unit for their children’s residential occupation for at least one year. To deny the eviction would be prejudicial to the Landlords. The Tenant did not attend the hearing to challenge the Landlords’ good faith intentions or to ask for additional time to vacate. As such, the Tenant will be given the standard 11 days to vacate the rental unit. Order Page 3 of 4  File Number: LTB-L-044693-24 It is ordered that: 1. The tenancy between the Landlords and the Tenant is terminated. The Tenant must move out of the rental unit on or before February 14, 2025. 2. If the unit is not vacated on or before February 14, 2025, then starting February 15, 2025, the Landlords 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 Landlords on or after February 15, 2025. 4. The Tenant shall pay to the Landlords $415.11, which represents the remaining compensation owed for the use of the unit from August 1, 2024 to October 23, 2024. 5. The Tenant shall also pay the Landlords compensation of $38.63 per day for the use of the unit starting October 24, 2024 until the date the Tenant moves out of the unit. 6. The Landlords owe the Tenant $1,174.14 which is the amount of the rent deposit and interest owing on the rent deposit. This shall be deducted from the amount owing by the Tenant. February 3, 2025 Date Issued Rachel Gibbons Member, Landlord and Tenant Board February 25, 2025 Date Amended 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 August 15, 2025 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 4 of 4