Rahimi v MacFayden
Landlord wins · Whitby · 2025-07-28
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Personal Use
- Notice
- Personal use (N12), Substantial interference (N5), Persistent late payment (N8)
- Landlord
- R.R., H.R.
- Tenant
- L.M., M.M.
- Landlord rep
- Kimberly Covey
What happened
The Landlords applied for termination of the tenancy and eviction based on an N12 notice for personal use. Landlord 1 recently divorced Landlord 2 and was granted full title of the property through a separation agreement. Landlord 1 testified she needs to move into the unit with her child to escape a hostile living situation with her ex-husband, who is allegedly abusive. The Tenants argued the application was retaliatory because of previous disputes and pending applications (T2 and T6). The Landlords withdrew the N5 and N8 portions of the application at the start of the hearing. The LTB found that Landlord 1 proved a genuine good-faith intent to occupy the unit.
The ruling
The LTB ordered the termination of the tenancy effective August 31, 2025. The Landlord was found to have a genuine good-faith requirement for the unit following a divorce and ownership transfer. Although the Tenants did not cash the initial compensation cheque, the Landlord fulfilled the compensation requirement during the hearing via E-transfer. The Tenants must vacate by the termination date, or the Landlord may enforce eviction through the Sheriff starting September 1, 2025.