Xu v Alhomsi

Split/Other wins · Kitchener · 2025-05-07

Adjudicator

Joy Xiao

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

S.X.

Tenant

Y.A., S.A.

Landlord rep

James Romeo Roussy

What happened

The Landlord applied to terminate the tenancy for personal use, stating she required the unit for her own residential occupation due to financial hardship after her husband's death. The Landlord served a valid N12 notice and provided the required one-month rent compensation. One of the Tenants attended the hearing, requested an adjournment which was denied, and did not dispute the Landlord's good faith but requested a delay in eviction due to the difficulty of finding new housing for her large family.

The ruling

The Landlord's application to terminate the tenancy for personal use (N12) is granted. The tenancy is terminated, but the Board has postponed the eviction date to August 31, 2025, to allow the Tenants time to find new housing. The Tenants are ordered to pay daily compensation of $65.75 for each day they occupy the unit starting from May 1, 2025. The Landlord is to credit the Tenants' rent deposit of $1,900.00 plus $136.41 in interest against the amount owed.