Evictly

Shendryk v Nash

Landlord wins · Kitchener · 2025-09-17

Adjudicator
Alicia Johnson
Dispute
Personal Use
Notice
Personal use (N12)
Amount
<$5K
Landlord
A.S.
Tenant
N.N., J.H.
Landlord rep
Lisa Nadon

What happened

The Landlord applied to terminate the tenancy because he requires the rental unit for his own residential occupation. The Landlord, currently residing in British Columbia, intends to move back to Ontario to be near his aging parents. The Tenants contested the good faith of the application, citing previous defective notices and comments made by the Landlord's agent regarding market rent values.

The ruling

The LTB ordered the termination of the tenancy effective October 31, 2025, for the Landlord's personal use. The Landlord was found to be acting in good faith. The Tenants are ordered to pay $4,506.10 for compensation for the use of the unit from July 15, 2025, to September 30, 2025, and a daily rate of $58.65 thereafter if they remain in possession.