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LTB Order Nikolov v Murray

Eviction for Landlord's Own Use

Case Timeline

Application Date: Date not provided
Hearing Date: March 6, 2023
Order Issued: March 28, 2023
Termination Date: August 31, 2022
Eviction Deadline: May 31, 2023

Case Overview

Case Number: LTB-L-036341-22
Address: Upper, 34 DENLAW RD LONDON ON N6G3L4
Form Used: N12 Notice of Termination
Served By: Landlord
Amount Awarded: One month's rent
Decision In Favor: Landlord
Application Type: Eviction for Landlord's Own Use
RTA Sections: Section 69, Section 83(1)(b), Section 83(2), Section 83(3)

Parties Involved

Landlord: Nikolay Nikolov
Landlord Rep: S. Pereira
Tenant: Brenda Panchyshak, John Murray
Tenant Rep: L. Branje
Adjudicator: Not provided
Keywords: eviction, landlord's own use, good faith, compensation, residential occupation

Decision Summary

Eviction approved but postponed to allow tenants time to organize.

Dispute Summary

Tenants disputed the good faith intent of the landlord's son.
Previous N12 notices were issued and later withdrawn.

Findings & Determinations

Landlord's son genuinely intends to occupy the unit for at least one year.
Claims of eviction to increase rent are speculative.

Summary Points

Landlord requires possession for residential occupation by his son.
Compensation equivalent to one month's rent was provided.
Eviction postponed to May 31, 2023.
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