MOLONEY v GREER

Landlord wins · Toronto · 2025-04-15

Adjudicator

Greg Witt

Dispute

Personal Use

Notice

Personal use (N12), Agreement to Terminate Tenancy (N11), Notice of Rent Increase (N1)

Amount

<$5K

Landlord

A.M.

Tenant

M.G., A.F., R.G.

Landlord rep

Bill Burd

Tenant rep

Catherine Salgado-Jesus

What happened

The Landlord applied to evict the Tenants for personal use of the rental unit. The Tenants contested the application, alleging bad faith. They pointed to the Landlord's prior actions, including an attempt to have them sign a voluntary termination agreement (N11), an attempt to sell the unit, and issuing a rent increase notice (N1), as evidence of an ulterior motive. The Landlord, a realtor, claimed a genuine need to occupy the unit himself. The Board found the Landlord's intention to be in good faith and granted the eviction, but postponed the termination date to provide the Tenants with more time to find a new home.

The ruling

The LTB ruled in favor of the Landlord, terminating the tenancy for personal use effective May 31, 2025. The Board found the Landlord's intention to occupy the unit genuine, despite the Tenants' allegations of bad faith based on the Landlord's prior attempts to sell the property. The eviction is postponed to allow the Tenants time to relocate. The Landlord is ordered to apply the rent deposit to the final month's rent and pay the Tenants the remaining interest balance of $190.32.