A Hespeler homeowner's request to evict a basement tenant on the grounds they need the unit for their child was given the go-ahead by the Landlord Tenant Board last month.
The decision came three months after the tenant was handed an N12 notice of termination with a termination date of Nov. 30, 2024. The tenant was compensated one month's rent after the landlord issued the N12.
After the tenant failed to appear for last month's video conference with the LTB, the tribunal sided with the landlord, calling it a "good faith" request based on the evidence provided.
The landlord, who lives in the upper unit of the new-build single detached house, said their child has recently returned to live at home with their partner after various periods of incarceration.
The homeowner claims "the upper unit is crowded, causing tension amongst the occupants who share a single kitchen and bathroom."
"When tensions escalate, the child often leaves the home in a manner which creates increased risk of police interaction, re-offending, or drug use," reads the decision. "The Landlord’s child wishes to stay in the basement unit forever, stating it is their home."
The LTB believes "the landlord has proven on a balance of probabilities the grounds for termination of the tenancy in the application. Therefore, the tenancy is terminated as of January 20, 2025."
After Jan. 21, the landlord can apply for an eviction order with the court enforcement office. The tenant must either move out of the unit by that date or face the possibility of forcible eviction from the sheriff.
If the tenant stays, they will be subject to paying compensation in the amount of $55.89 per day for use of the unit starting Jan. 1. That amount is equal to a $1,700 rent deposit multiplied by 12 and divided by 365.
A $1,700 rent deposit collected by the landlord is still being held and must be paid back. The LTB ruled the tenant is also owed $12.46 in interest for Sept. 1 to Dec. 16.
The tenant is also being asked to pay back the $186 the landlord incurred to file the application to the LTB.
