Shamma v Kamelan Zargar
Landlord wins · Richmond Hill · 2025-12-09
- Adjudicator
- Bryan Delorenzi
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- B.S.
- Tenant
- A.M.K.Z., A.G.
- Landlord rep
- Hagan Turan
- Tenant rep
- Arash Boorboor
What happened
The Landlord applied for an order to terminate the tenancy because he required the rental unit for his son and his son's partner to occupy as their primary residence. The Tenants challenged the good faith of the application, alleging that the Landlord's true motive was to evict them to secure a higher rent from new tenants, and pointed out that a basement unit in the same building was listed for rent after the N12 was served.
The ruling
The tenancy is terminated effective February 28, 2026. The Landlord was found to have acted in good faith regarding his son's need for the unit. However, due to the Tenants' medical concerns and the winter season, the Board granted relief by postponing the eviction date until the end of February. The Landlord is ordered to return the rent deposit plus interest to the Tenants, minus the filing fee, and may deduct daily compensation for each day the Tenants remain in the unit starting December 1, 2025.