Case Study

Eviction Order for Landlord's Own Use

Phan v Rusu, 2023 ONLTB 73225

🕑 Case timeline

Application Date: Date not provided

Hearing Date: October 3, 2023

Order Issued: November 9, 2023

Termination Date: June 30, 2023

Eviction Deadline: January 31, 2024

ℹ️ Case overview

Case Number: LTB-L-019789-23

Address: 94 GLENNGARRY CRES, MAPLE ON L6A4Z4

Form Used: N12

Served By: Landlords

Amount Awarded: $7,558.92

Decision In Favor: Landlord

Application Type: Eviction for landlord's own use

RTA Sections: Section 69, Subsection 106(10), Subsection 83(1)(b), Subsection 83(2)

👥 Parties involved

Landlord: Gim Kim Phan, Suk Ching Kung

Landlord Rep: Elaine Page

Tenant: Stefan Rusu, Andra Rusu

Tenant Rep: Self Represented

Adjudicator: Not specified

Keywords: eviction, landlord's own use, good faith, N12, compensation

⚖️ Decision summary

Application granted, tenancy terminated.
Landlords established good faith in their claim.

⚠️ Dispute summary

Tenants argued the landlords intend to sell the unit.
Landlords intend to move into the unit for proximity to work and financial management.

📑 Findings & determinations

Landlords have proven their intent to occupy the unit for at least one year.
Landlords' motives for eviction are largely irrelevant, focusing on genuine intent.

💡 Summary points

Landlords require the rental unit for their own residential use.
Landlords provided N12 notice with a termination date of June 30, 2023.
Landlords compensated the tenants with one month's rent.

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