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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

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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