Gembala v Dunlop

Landlord wins · Tiny · 2021-04-16

Adjudicator

Vladimir Nikitin

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

R.G.

Tenant

S.D.

Landlord rep

Christina De Palma

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's need for personal use of the rental unit. The Landlord testified that he sold his home in Toronto and is currently residing in the basement below the rental unit occupied by the Tenant, and needs more space to occupy the entire house.

The ruling

The tenancy is terminated effective April 27, 2021. The Tenant must move out by that date. The Landlord is holding a rent deposit of $1,180 which shall be applied to the rent for April 2021. If the Tenant moves out by April 27, 2021, the Landlord shall pay the Tenant $116.37 for the 3 days in April when the Tenant will not occupy the unit. The Tenant shall also pay the Landlord $38.79 per day for compensation for the use of the unit from May 1, 2021 until the Tenant moves out.