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Case Study

Eviction Order for Landlord's Personal Use - Thindh v Mantey

LTB Order for Possession and Compensation

🕑 Case timeline

Application Date: Date not provided

Hearing Date: January 23, 2023

Order Issued: February 2, 2023

Termination Date: May 31, 2023

Eviction Deadline: May 31, 2023

ℹ️ Case overview

Case Number: LTB-L-027188-22
Address: 10 SPRINGDALE AVE, ST CATHARINES ON L2R1G5
Form Used: Not specified
Served By: Not specified
Amount Awarded: One month's rent and $41.10 per day from February 1, 2023 until the tenant vacates
Decision In Favor: Landlord
Application Type: Eviction for landlord's personal use
RTA Sections: Section 69, Subsection 190(2), Subsection 83(2), Subsection 83(1)(b)

👥 Parties involved

Landlord: Kulvinder Thindh
Landlord Rep: Donald Cameron
Tenant: Mike Mantey
Tenant Rep: Self Represented
Adjudicator: Richard Ferriss
Keywords: eviction, landlord's personal use, compensation, bad faith, unlawful rent increase

⚖️ Decision summary

Tenancy terminated effective May 31, 2023.
Tenant to pay daily compensation starting February 1, 2023.
Landlord must pay one month's rent as compensation by February 28, 2023.

⚠️ Dispute summary

Tenant argued landlord's offer of a three-year lease indicated bad faith.
Landlord countered that the lease offer was made when daughter's university admission was uncertain.

📑 Findings & determinations

Landlord's need for the unit for his daughter is in good faith.
Landlord's explanation for rent increases in the lease was unsatisfactory.

💡 Summary points

Landlord requires the rental unit for his daughter's residential use.
Tenant disputed the good faith of the landlord's intention.
Landlord provided compensation for eviction but tenant did not cash the cheque.
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🧑‍⚖️ Same adjudicator

Richard Ferriss

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