Case Study

LTB Order Dismissal for Landlord's Personal Use Claim

Case LTB-L-078094-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: May 15, 2023

Order Issued: July 25, 2023

Termination Date: September 30, 2023

Eviction Deadline: September 30, 2023

ℹ️ Case overview

Case Number: LTB-L-078094-22

Address: 35 MUIRFIELD DR, BARRIE ON L4N6J9

Form Used: N12

Served By: deemed served on December 20, 2022

Amount Awarded: One month's rent compensated

Decision In Favor: Tenant

Application Type: Eviction for landlord's personal use

RTA Sections: Section 48, Section 72

👥 Parties involved

Landlord: Mahbub Adem

Landlord Rep: Andrew Choubeta

Tenant: Amanda Michelle Smith, Ashley William Smith, Koby Will Smith

Tenant Rep: Self Represented

Adjudicator: Anthony Bruno

Keywords: eviction, landlord's personal use, good faith, dismissed

⚖️ Decision summary

Landlord did not provide sufficient evidence of intention to use property personally.
Adverse inference drawn due to landlord's failure to testify.

⚠️ Dispute summary

Landlord sought to evict tenants for personal use.
Tenants were served with N12 notice but eviction was contested on grounds of good faith.

📑 Findings & determinations

Application dismissed due to lack of credible evidence from the landlord.

💡 Summary points

Landlord's application for eviction dismissed.
Landlord failed to prove good faith intention to occupy the unit.
Tenant awarded compensation equivalent to one month's rent.

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