Phan v Despins

Landlord wins · Etobicoke · 2024-10-11

Adjudicator

Diane Wade

Dispute

Personal Use, Substantial Interference

Notice

Personal use (N12)

Landlord

M.P., B.P.

Tenant

R.D., G.L.

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenants applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened, or interfered with the Tenant.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants is granted. The Tenants' application alleging substantial interference and harassment is dismissed. The tenancy is terminated effective January 31, 2025, and the Tenants must vacate the unit by that date. The Tenants shall pay the Landlord per diem compensation of $105.73 starting September 5, 2024 until the date they move out.