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Case Study

Eviction Order for Personal Use - Brox v Tilley

Landlord requires property for personal residence

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 22, 2023

Order Issued: May 4, 2023

Termination Date: October 31, 2022

Eviction Deadline: October 31, 2022

ℹ️ Case overview

Case Number: LTB-L-053458-22
Address: Basement Apartment, 7 Elgin Street, New Lowell ON L0M1N0
Form Used: N12
Served By: Landlord
Amount Awarded: One month's rent
Decision In Favor: Landlord
Application Type: Eviction for personal use of property
RTA Sections: Section 48.1, Section 55.1, Section 83(3)(c)

👥 Parties involved

Landlord: Crystal Brox
Landlord Rep: D. Berezowska
Tenant: John Tilley
Tenant Rep: Self Represented
Adjudicator: Not provided
Keywords: eviction, personal use, good faith, compensation, N12 notice

⚖️ Decision summary

The Board found the landlord's intent to occupy the rental unit was genuine.
Eviction order issued in favor of the landlord.

⚠️ Dispute summary

Tenant opposed the eviction, suggesting it was in retaliation to a dispute over pet ownership.
Landlord provided evidence of genuine intent to occupy the unit for personal use.

📑 Findings & determinations

Landlord's application for eviction is granted.
Tenant was in possession on the date the application was filed.
Landlord has compensated the tenant as required.

💡 Summary points

Landlord requires the rental unit for personal residential occupation.
Tenant contested the eviction, claiming retaliation related to pet ownership.
Landlord compensated tenant as required by law.
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