Evictly

Koronkiewicz v Lionel

Tenant wins · York · 2025-12-18

Adjudicator
Terri van Huisstede
Dispute
Personal Use
Notice
Personal use (N12)
Landlord
J.A.K., B.K.
Tenant
D.L.
Landlord rep
Eric Spalvieri
Tenant rep
Jimmy Gangadin

What happened

The Landlords applied to terminate the tenancy for personal use (N12), claiming they needed to move into the rental unit because their current residence, belonging to a late relative, had to be sold. The Tenant alleged the notice was served in retaliation for maintenance complaints filed with the city. The Board found the Landlord's testimony regarding their financial situation and the physical suitability of the unit to be contradictory and lacking credibility, leading to the dismissal of the application.

The ruling

The Landlords' application to terminate the tenancy for personal use was dismissed. The Adjudicator found that the Landlords failed to demonstrate a genuine, good-faith intention to occupy the rental unit, primarily due to inconsistent testimony and a lack of transparency regarding their financial situation and the status of their current residence.