Evictly

Baraich v Swied

Tenant wins · Oakville · 2025-06-10

Adjudicator
Paula West Oreskovich
Dispute
Personal Use
Notice
Personal use (N12)
Amount
<$5K
Landlord
P.B.
Tenant
N.S.
Landlord rep
Eric Spalvieri
Tenant rep
Muhammad Zafar

What happened

The Landlord applied to evict the Tenant for personal use, claiming her son needed to occupy the basement unit. The Tenant contested the application, arguing it was made in bad faith as the Landlord's true intention was to sell the property. Evidence included a recorded conversation where the Landlord's agent discussed selling the house and the recent placement of a 'coming soon for sale' sign on the property. The Board found the Landlord failed to prove a genuine intent for personal use.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The Board was not satisfied that the Landlord's son genuinely intended to move into the rental unit. The Tenant is ordered to repay the $1,711.75 in compensation she received with the N12 notice to the Landlord by July 1, 2025.