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Case Study

Eviction Order for Personal Use - Greg Pelenyi v Virginia Donnelly

LTB Order for Eviction Based on Landlord's Need for Property

🕑 Case timeline

Application Date: Date not provided

Hearing Date: June 12, 2023

Order Issued: June 29, 2023

Termination Date: September 30, 2023

Eviction Deadline: September 30, 2023

ℹ️ Case overview

Case Number: LTB-L-004408-23
Address: MAIN FLOOR, 785 WOODBINE AVE, TORONTO ON M4E2J5
Form Used: N12
Served By: Landlord
Amount Awarded: $32.39 per day after January 31, 2023
Decision In Favor: Landlord
Application Type: Eviction for personal use of property
RTA Sections: Section 69, Section 48(1)(c), Subsection 106(10)

👥 Parties involved

Landlord: Greg Pelenyi
Landlord Rep: Roz Bianchi
Tenant: Virginia Donnelly
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, personal use, good faith, N12 notice

⚖️ Decision summary

The board ruled in favor of the landlord allowing eviction for personal use.
Compensation set at $32.39 daily post-termination until eviction.
Interest on the tenant's deposit to be paid.

⚠️ Dispute summary

Tenant questioned the necessity of eviction citing a vacant unit available.
Landlord's daughter, Angelica, intends to use the unit for at least one year.
Tenant raised concerns about landlord's motives linked to complaints about odors.

📑 Findings & determinations

Landlord served a valid N12 notice.
Landlord's daughter has a genuine intention to occupy the unit.
Eviction postponed to September 30, 2023, despite tenant's objections.

💡 Summary points

Landlord requires the rental unit for his daughter's residential use.
Tenant disputed the landlord's good faith in needing the unit.
Adjudicator found the landlord's claim to be in good faith.
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Eviction for personal use of property