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Case Study

Eviction Order for Landlord's Own Use - Nazarian v Murphy

LTB Order Overview and Key Details

🕑 Case timeline

Application Date: Date not provided

Hearing Date: May 4, 2023

Order Issued: August 9, 2023

Termination Date: September 15, 2023

Eviction Deadline: September 15, 2023

ℹ️ Case overview

Case Number: LTB-L-077835-22
Address: 50, 75 PRINCE WILLIAM WAY BARRIE ON L4N7P5
Form Used: N12 Notice of Termination
Served By: postal mail
Amount Awarded: One month's rent
Decision In Favor: Landlord
Application Type: Eviction for Landlord's Own Use
RTA Sections: Section 48(1), Section 83(1)(b), Section 83(2)

👥 Parties involved

Landlord: Sajad Nazarian
Landlord Rep: S Emam
Tenant: Steven Murphy, Amanda Smith
Tenant Rep: Self Represented
Adjudicator: Heather Kenny
Keywords: eviction, landlord's own use, good faith, N12

⚖️ Decision summary

Tenancy is terminated; tenants must vacate by September 15, 2023.
Eviction enforceable by the Sheriff starting September 16, 2023, if tenants do not vacate.

⚠️ Dispute summary

Landlord applied to evict tenants to occupy the unit for at least one year.
Tenants had sold the unit to the landlord and were on a fixed-term lease until February 28, 2023.

📑 Findings & determinations

Landlord's need for the unit is in good faith.
No compensation claimed for days tenants remained post-termination.

💡 Summary points

Landlord requires the unit for personal residential occupation.
Tenancy terminated effective September 15, 2023.
Landlord compensated tenants with one month's rent.
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Eviction for Landlord's Own Use