Lopez v Joseph

Landlord wins · Scarborough · 2026-01-12

Adjudicator

Rachel Gibbons

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

E.L.

Tenant

D.J., L.J.

Landlord rep

Jimmy Gangadin

What happened

The Landlord applied to terminate the tenancy because he requires the rental unit for the residential occupation of his mother. The Landlord's mother, who currently lives in her own condominium across the street, testified that she intends to move into the unit to downsize and reduce her cost of living. The Tenants, who have lived in the unit for nine years, contested the application, alleging that the Landlord's motive was to increase the rent to market rates rather than for personal use. They also highlighted their personal circumstances, including health issues and limited income, to request a delay in the eviction.

The ruling

The tenancy is terminated effective March 31, 2026. The Landlord established that his mother genuinely intends to occupy the unit for at least one year. While the Landlord requested an earlier termination, the Board granted the Tenants' request for a delay under Section 83 due to their health issues, low income, and long-term residency. The Tenants must vacate by the end of March 2026, or the Landlord may seek enforcement through the Sheriff.