MENDES v HIGNETT

Landlord wins · Toronto · 2025-12-09

Adjudicator

Alicia Johnson

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

M.M., N.W.

Tenant

J.H.

Tenant rep

Joseph Maziarz

What happened

The Landlords, a newly married couple, applied to terminate the tenancy because they intended to occupy the rental unit as their primary residence. They purchased the four-plex property with plans to convert it into a single-family home. The Tenant challenged the good faith of the application, arguing that it was unnecessary for two people to occupy a seven-bedroom property and highlighting his personal ties to the community and mental health struggles.

The ruling

The LTB ordered the termination of the tenancy effective January 31, 2026. The Landlords were found to have a genuine intent to occupy the unit for personal use. The Landlords must apply the $1,350.00 rent deposit to the last month's rent (January 2026) and pay the Tenant $170.80 in interest by January 31, 2026. If the Tenant does not vacate by the specified date, the Landlords may enforce the eviction through the Sheriff.