Mehta v Dave

Landlord wins · Milton · 2025-11-07

Adjudicator

Kate Sinipostolova

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

P.M., F.M.

Tenant

N.D., A.D.

Tenant rep

Francisco Gomez

What happened

The Landlords applied to terminate the tenancy for personal use, stating their son requires the unit for residential occupation. The Tenants contested the application, claiming it was retaliatory due to a previous T2 filing and an illegal rent increase request. The Adjudicator found the Landlords' son's intention to occupy the unit was genuine and in good faith.

The ruling

The tenancy is terminated effective December 31, 2025. The Landlords' son demonstrated a sincere intent to occupy the basement unit. The Tenants must pay $60.82 for occupation during the hearing date and a daily rate of $60.82 thereafter until they vacate. Eviction was postponed to the end of the year to accommodate the Tenant's family situation.