June Foster vs. Chun-ae Byun — Case Study

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 June Foster, a landlord, who filed an application against tenant Chun-ae Byun for termination of tenancy and eviction based on the landlord’s 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

June Foster (the Landlord) applied for an order to terminate the tenancy and evict Chun-ae Byun (the Tenant) because the Landlord, in good faith, required possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

The Landlord and Tenant Board Hearing

Gathering Evidence

In this case, the Landlord had to gather evidence to support her claim that she genuinely required the rental unit for her own use. This likely included documentation of her intention to move into the unit, reasons for needing the specific unit, and possibly evidence of her current living situation.

Presenting the Case

The hearing was conducted by videoconference on May 14, 2024. The Landlord, represented by Daniel English, presented her case. The Tenant attended with Steven Byun as support. 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, Sonia Anwar-Ali, determined that the Landlord 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:

1. The Landlord served a valid N12 notice of termination on September 27, 2023, with a termination date of December 3, 2023.
2. The Landlord’s good faith requirement to occupy the unit for residential purposes, as per subsection 48(1) of the Residential Tenancies Act.
3. The Landlord’s clear and consistent testimony about her intention to move into the unit for at least one year.
4. The Landlord’s compliance with the requirement to compensate the Tenant one month’s rent.
5. The Tenant’s request for more time to vacate the unit due to living with elderly parents with disabilities and being on a fixed income.

The adjudicator concluded that the Landlord had satisfied the “good faith” requirement and genuinely intended to occupy the rental unit for residential purposes for at least one year.

ORDER

Based on these findings, the adjudicator ordered that:

1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before July 31, 2024.
2. If the unit is not vacated by July 31, 2024, the Landlord may file the order with the Court Enforcement Office (Sheriff) for eviction enforcement starting August 1, 2024.
3. The Tenant shall pay the Landlord $8,365.16 for compensation for use of the unit from December 4, 2023, to May 14, 2024.
4. The Tenant shall pay $51.32 per day for use of the unit starting May 15, 2024, until move-out.
5. The Landlord owes $1,988.90 for the rent deposit and interest, which is deducted from the amount owed by the Tenant.
6. The total amount the Tenant owes the Landlord is $6,376.26.

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 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.