Mekhaeil v Jensen
Landlord wins · Oakville · 2025-11-07
- Adjudicator
- Rachel Gibbons
- Dispute
- Personal Use
- Notice
- Personal use (N12), Persistent late payment (N8)
- Landlord
- S.M.
- Tenant
- J.J.
- Landlord rep
- Taff Butters
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord's son required the rental unit for residential occupation. The Tenant contested the application, alleging that the N12 notice was served in bad faith and was a retaliatory response to the Tenant objecting to an invalid rent increase and making maintenance complaints. The Landlord provided evidence that his son had moved back home following a car accident and was currently sleeping on a living room couch, which was unsustainable. The Board found the Landlord acted in good faith and granted the eviction, while providing a delay until December 2025 due to the Tenant's personal circumstances.
The ruling
The tenancy is terminated effective December 7, 2025. The Landlord established that the unit is required in good faith for his son's occupation. The Tenant's allegations of bad faith and retaliation were dismissed. Due to the Tenant's circumstances, including mental health issues and limited income, the eviction date was postponed to December 7, 2025.