Maleki v Satkin

Tenant wins · North York · 2025-07-29

Adjudicator

Robert Patchett

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

J.M.

Tenant

B.S.

Landlord rep

Payam Madani

What happened

The Landlord applied to terminate the tenancy for personal use (N12), claiming he and his family required the unit for residential occupation. However, the Landlord's testimony revealed he resides and works in Saskatchewan on a three-year contract and intended to use the Ontario unit only occasionally while traveling. The LTB found that occasional occupation does not constitute 'residential occupation' as required by law.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The LTB determined that the Landlord did not intend to occupy the unit as his main residence, given his three-year work contract and primary residence in Saskatchewan. The Board emphasized that occasional use does not qualify as residential occupation under the Residential Tenancies Act.