Anastasakis v O'Keeffe
Landlord wins · East York · 2025-05-07
- Adjudicator
- Karen Gonçalves
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- G.A.
- Tenant
- S.O.
- Landlord rep
- Emmanuel Anastasakis
- Tenant rep
- Timothy Duggan
What happened
The Landlord applied to terminate the tenancy because he required the rental unit for his daughter's personal use for at least one year. The Tenant contested the application, alleging that the Landlord was acting in bad faith as retaliation for a maintenance request regarding a bathroom fan. The Tenant also cited a long-term tenancy dating back to 2012 and the difficulty of moving construction equipment stored on-site.
The ruling
The tenancy is terminated effective June 30, 2025. The Landlord proved a genuine, good-faith intent for his daughter to occupy the unit. Although the Tenant alleged bad faith due to maintenance disputes, the Board found no serious breach of obligations. Due to the long-term nature of the tenancy (12+ years) and the Tenant's need to relocate construction equipment, the eviction date was extended to the end of June 2025. The Landlord is ordered to return the rent deposit plus interest, totaling $2,188.53.