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Case Study

Eviction Order for Personal Use - McDowell v Douglas

Landlord's Right to Reclaim Property for Personal Residence

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 9, 2023

Order Issued: March 24, 2023

Termination Date: April 9, 2023

Eviction Deadline: April 9, 2023

ℹ️ Case overview

Case Number: LTB-L-039080-22
Address: UNIT 1, 2150 ADJALA-TECUMSETH TOWN LINE RR1 TOTTENHAM ON L0G1W0
Form Used: N12
Served By: Mail
Amount Awarded: One month's rent
Decision In Favor: Landlord
Application Type: Eviction for personal use of property
RTA Sections: Section 48, Section 83

👥 Parties involved

Landlord: Mervin McDowell, Susanna McDowell
Landlord Rep: Nicole Fazzari
Tenant: Katherine Douglas
Tenant Rep: Self Represented
Adjudicator: John Cashmore
Keywords: eviction, personal use, good faith, N12 notice, uncontested evidence

⚖️ Decision summary

Tenancy terminated, tenant must vacate by April 9, 2023.
Order enforceable by Sheriff from April 10, 2023, if not vacated.

⚠️ Dispute summary

Landlords intend to occupy the entire home for personal use.
Tenant has been living in the unit for approximately 10 years.

📑 Findings & determinations

Landlords have a genuine intention to reside in the unit for at least one year.
Eviction not deemed unfair despite tenant's long-term occupancy.

💡 Summary points

Landlords require the rental unit for personal residential occupation.
Tenant served with N12 notice, eviction set for April 9, 2023.
Landlords provided compensation equivalent to one month's rent.
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