Martinez v Gonzales

Landlord wins · York · 2025-12-18

Adjudicator

Fabio Quattrociocchi

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

C.M.

Tenant

M.G.

What happened

The Landlord applied to terminate the tenancy because his son requires the unit for personal residential use. The Landlord's son currently commutes from St. Catherines to Mississauga and intends to move into the York rental unit to reduce travel time and live independently. The Tenant challenged the good faith of the application, citing a history from 2021 where a previous personal use claim was withdrawn after she agreed to a rent increase, and alleged a similar offer was made prior to this hearing. The Landlord denied the recent rent increase allegation, claiming the Tenant was the one who offered it.

The ruling

The tenancy is terminated effective March 15, 2026. The Board found the Landlord's application for personal use was made in good faith to allow the Landlord's son to live closer to his workplace. Despite the Tenant's claims regarding previous rent increase requests, the Board accepted the son's testimony as credible. Due to the 21-year tenancy and the Tenant's difficulty finding affordable housing, the eviction was postponed to mid-March 2026.