Evictly

LaPointe v Guadeloupe

Landlord wins · Milton · 2025-11-24

Adjudicator
Joy Xiao
Dispute
Personal Use
Notice
Personal use (N12)
Landlord
R.L., M.L.
Tenant
K.A.G.
Landlord rep
Julia MacDonald

What happened

Landlords applied for an order to terminate the tenancy for personal use. Landlord 1, who is retired, intends to occupy the rental unit to establish separate sleeping arrangements from Landlord 2, who works from home, to minimize work and sleep disruptions. Tenant challenged the application, alleging it was a pretext for eviction following long-standing disputes regarding cooking smells and a previously withdrawn eviction application.

The ruling

The LTB terminated the tenancy effective January 31, 2026. The Board found the Landlords acted in good faith, requiring the unit for Landlord 1's personal use to resolve sleep and work-from-home conflicts. Although an eviction was ordered, the date was postponed from the original November date to January 31, 2026, to provide the Tenant, who has lived there for nine years, additional time to find affordable housing. The Tenant is ordered to pay daily compensation of $53.10 from December 1, 2025, until they vacate.