| Case Details | Adjudicator | Date | File Number | Citation | Indexed as |
|---|---|---|---|---|---|
| Aamer Kheraj and Shazia Kheraj vs. Cliff Dasilva Claro and Melissa Leanne Taddeo | Vishal Nanda | May 16, 2024 | LTB-L-099517-23 | 2024 ONLTB 32844 | Kheraj v Claro |
INTRODUCTION TO THIS LANDLORD AND TENANT BOARD OF ONTARIO CASE STUDY
Welcome to YLAW, your trusted legal partner for navigating the complex landscape of landlord-tenant disputes in Ontario. In this case study, we examine a significant landlord application at the Landlord and Tenant Board (LTB) of Ontario. The case involves Aamer Kheraj and Shazia Kheraj, landlords, who filed an application against tenants Cliff Dasilva Claro and Melissa Leanne Taddeo for termination of tenancy and eviction based on the landlords’ own use of the rental unit.
Understanding the Landlord and Tenant Board of Ontario
The Landlord and Tenant Board (LTB) is a specialized tribunal in Ontario that plays a crucial role in resolving disputes between landlords and tenants. Operating under the Residential Tenancies Act, 2006, the LTB provides a forum for fair and impartial resolution of various tenancy-related issues, including termination of tenancies for landlord’s own use, which is the central issue in this case.
Background
Aamer Kheraj and Shazia Kheraj (the Landlords) applied for an order to terminate the tenancy and evict Cliff Dasilva Claro and Melissa Leanne Taddeo (the Tenants) because the Landlords, in good faith, required possession of the rental unit for the purpose of residential occupation for at least one year. The Landlords also claimed compensation for each day the Tenants remained in the unit after the termination date.
The Landlord and Tenant Board Hearing
Gathering Evidence
In this case, the Landlords had to gather evidence to support their claim that they genuinely required the rental unit for their own use. This likely included documentation of their intention to move into the unit, reasons for needing the specific unit, and possibly evidence of their current living situation.
Presenting the Case
The hearing was conducted by videoconference on April 25, 2024. The Landlords, represented by Daniel English, presented their case. The Tenants also attended the hearing. Both parties had the opportunity to present their evidence and arguments before the adjudicator.
Adjudicator’s Decision
After carefully considering all the evidence and arguments presented, the adjudicator, Vishal Nanda, determined that the Landlords had proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application.
Appealing the Decision
While the decision of the Landlord and Tenant Board is typically final, there are circumstances where either party may seek to appeal the decision. In this case, if either party believes there were errors in law or procedure, they could potentially seek a review or appeal of the decision.
ANALYSIS AND DECISION
The adjudicator’s analysis focused on several key points:
- The Landlords served a valid N12 notice of termination on November 24, 2023, with a termination date of January 31, 2024.
- The Landlords’ good faith requirement to occupy the unit for residential purposes, as per section 48(1)(c) of the Residential Tenancies Act.
- The Landlords’ testimony about their intention to move into the unit, including their reasons for selecting this specific unit (proximity to their daughter’s school).
- The Landlords’ compliance with the requirement to compensate the Tenants one month’s rent.
- The Tenants’ request for more time to vacate the unit due to financial constraints.
The adjudicator concluded that the Landlords had satisfied the “good faith” requirement and genuinely intended to occupy the rental unit for residential purposes for at least one year. The adjudicator found the Landlords’ reasons for selecting this unit (its proximity to their daughter’s school) to be credible.
ORDER
Based on these findings, the adjudicator ordered that:
- The tenancy between the Landlords and the Tenants is terminated. The Tenants must move out of the rental unit on or before June 30, 2024.
- If the unit is not vacated by June 30, 2024, the Landlords may file the order with the Court Enforcement Office (Sheriff) for eviction enforcement starting July 1, 2024.
- The Tenants shall pay the Landlords $6,567.10 for compensation for use of the unit from February 1, 2024 to April 25, 2024.
- The Tenants shall pay $77.26 per day for use of the unit starting April 26, 2024, until move-out.
- The Landlords owe $2,559.15 for the rent deposit and interest, which is deducted from the amount owed by the Tenants.
- The total amount the Tenants owe the Landlords is $4,007.95, minus any amount paid since February 1, 2024 to April 25, 2024.
Final Thoughts and Seeking Legal Counsel
This case highlights the complexities involved in landlord’s own use evictions and the importance of following proper procedures and timelines. It also demonstrates the LTB’s role in balancing the rights and needs of both landlords and tenants.
Know Your Rights
Whether you’re a landlord or a tenant, it’s crucial to understand your rights and responsibilities under the Residential Tenancies Act. This includes being aware of the proper procedures for ending tenancies for landlord’s own use and the potential consequences of your actions.
Consult with Legal Experts
The complexity of this case demonstrates the value of seeking legal counsel in landlord-tenant disputes. An experienced lawyer can help ensure that all necessary steps are taken correctly and that your rights are fully protected throughout the process.
Contact YLAW for Landlord and Tenant Board Cases
At YLAW, we specialize in assisting both landlords and tenants with Landlord and Tenant Board cases in Ontario. Our experienced team of legal professionals can guide you through every step of the process, from filing applications to representing you in hearings.
If you’re facing a tenancy dispute or need advice on your rights and obligations as a landlord or tenant, don’t hesitate to reach out to us. You can contact us by phone at +14379959529 or email us here. Our team is ready to provide the legal support and representation you need to navigate the complexities of tenancy law in Ontario.
Remember, proper understanding of your legal rights and obligations, clear communication, and timely action can make a significant difference in landlord-tenant relationships and potential disputes. Let YLAW be your trusted partner in protecting your rights and interests in landlord-tenant matters.
