Stapleton v Heilig

Landlord wins · Kitchener · 2025-12-03

Adjudicator

Rachel Gibbons

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

M.W.S., J.H.M.

Tenant

B.H.

Landlord rep

Theresa Forest

Tenant rep

Barret Beaudoin

What happened

Landlords applied for an order to terminate the tenancy because they require the unit for the residential occupation of Landlord 2's son for at least one year. Tenant contested the good faith of the application, pointing to multiple previous failed N12 notices and the low rent she currently pays compared to market rates. The Board determined that the Landlords acted in good faith, noting that choosing a unit for economic reasons (being the least expensive in their portfolio) is permitted under the Act and previous notice errors were technical mistakes.

The ruling

The tenancy is terminated effective January 31, 2026. The Landlords' application for personal use for Landlord 2's son was granted. The Tenant is ordered to pay daily compensation of $30.72 from August 22, 2025, until she vacates. The eviction was postponed to January 2026 to allow the Tenant, who has health issues and a baking business, time to find alternative housing.