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Case Study

Eviction Order for Landlord's Own Use

Case LTB-L-060078-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: April 18, 2023

Order Issued: September 21, 2023

Termination Date: October 31, 2023

Eviction Deadline: October 31, 2023

ℹ️ Case overview

Case Number: LTB-L-060078-22
Address: 15 ALBERNI ST, NEPEAN ON K2J1V8
Form Used: N12
Served By: Landlord
Amount Awarded: $4,336.16
Decision In Favor: Landlord
Application Type: Eviction for landlord's own use
RTA Sections: Section 69, Subsection 106(10), Subsection 83(2), Subsection 83(1)(b), Section 81

👥 Parties involved

Landlord: Lilly Nguyen and Tri Pham
Landlord Rep: Self Represented
Tenant: Mostafizur Khan and Rokshana Montaj
Tenant Rep: Self Represented
Adjudicator: Maria Shaw
Keywords: eviction, landlord's own use, N12 notice, good faith, compensation

⚖️ Decision summary

Tenancy terminated; tenant must vacate by October 31, 2023.
Landlord owes tenant $1,755.36, which is deducted from the total amount owed by the tenant.

⚠️ Dispute summary

Landlord filed for eviction under the claim of needing the rental unit for personal use.
Tenant resisted eviction due to health issues and lack of alternative housing.

📑 Findings & determinations

Landlord has proven grounds for termination on a balance of probabilities.
Tenant was in possession of the unit when the application was filed.
Landlord's claim of good faith intention to occupy the unit confirmed.

💡 Summary points

Landlord requires the rental unit for their parent's use due to health conditions.
Tenant contested the eviction citing personal health issues and inability to find alternative housing.
Eviction postponed to allow tenant time to find new accommodation.
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🧑‍⚖️ Same adjudicator

Maria Shaw

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