Stech v Barker

Tenant wins · Hamilton · 2022-01-18

Adjudicator

Terri van Huisstede

Dispute

Personal use

Notice

Personal use (N12)

Amount

<$5K

Landlord

O.S., S.S.

Tenant

A.B.

Tenant rep

Patricia Golden

What happened

Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords require possession of the rental unit for the purpose of residential occupation by their daughter. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The Landlords' application to evict the Tenant for the purpose of residential occupation by the Landlords' daughter is dismissed. The Tenant shall return the compensation cheque to the Landlords or, if they have cashed it, pay the amount that they received back to the Landlords by no later than February 28, 2022. If the Tenant does not pay the full amount outstanding by February 28, 2022, then the Tenant will owe interest at a rate of 2.0% annually on the outstanding amount.