In March 2022, Amina Idris and Idris Hamid (the "Tenants") entered into a tenancy agreement with Mr. Garba Abdul (the "Landlord") of 44 Davis Drive, Toronto ON M5G 2T4 to rent unit number 3 in this building, starting April 1, 2022, for a monthly rent of $1,500. A written tenancy agreement that was signed on March 27, 2022. The tenancy was for an initial term of one-year (ending March 31, 2023). Unit number 3 is a two-bedroom unit, with a recently renovated kitchen and bathroom and is located within three blocks of a subway station. Included in the rent are all utilities, a parking space and a storage locker in the basement.

The Tenants paid first and last month's rent on March 27, 2022 and moved into the unit on April 1, 2022. The Tenants have two children, a son, Shakuur, and a daughter, Sally. They attend the local public school, near the rental complex. Shakuur is in grade 3 and Sally is in grade 1.

Amina's cell phone number is 647-777-7890. Idris's cell phone number is 647-888-7890.

The landlord's address for service is 8 Forest Road, Toronto ON M4E 1F6. His telephone number is 416-555-5555.

On November 20, 2022, the Landlord came to the rental unit. He knocked on the door and Idris answered. The Landlord handed Idris two identical Notices of Termination (Form N12), which advised the Tenants that they should vacate the unit by March 31, 2023 since the Landlord's adult daughter, Zainab Abdul, intends to move into the rental unit.

Since the parties cannot agree, this dispute will be proceeding to a hearing before the Landlord and Tenant Board.

Some of the details of earlier interactions between the parties are as follows:

The tenancy agreement stated that no pets were allowed in the building.

In September 2022, the Tenants got a dog. Some of the other tenants informed the Landlord about the new dog and complained to the Landlord about the dog. Although the dog had not really done anything, they were scared of it and it was against the apartment rules for a resident to have a pet.

In early October 2022, the Landlord reminded Idris that, according to the tenancy agreement, they was not permitted to have any pets and he threatened to evict the Tenants if they did not get rid of their dog. Idris checked with the Landlord and Tenant Board and the Rental Housing Enforcement Unit and was advised that a "no pet" clause was unenforceable and that the Tenants could not be evicted for having a pet unless it was causing problems or was of a type of pet that was inherently dangerous. On October 20, 2022, Idris telephoned the Landlord. He advised the Landlord that he had looked into their rights, that he had been in contact with government agencies and was told that they did not need to get rid of their dog. The argument became heated and it ended with the Idris hanging up on the Landlord. Amina was at home and witnessed the telephone call but did not hear what the landlord said to her husband. The parties did not have any further communications concerning the dog.

On October 22, 2022, the Landlord prepared and served a Notice of Rent Increase (Form N1) upon the Tenants. He proposed that, effective April 1, 2023, the monthly rent would be increased to $3,000.

On November 5, 2022, Amina wrote a letter to the Landlord. In the letter, she advised the Landlord that she considered the Notice of Rent Increase she had received to be null and void, explained why (i.e., the unit is subject to rent control). The letter ended by stating that they would continue to pay the current monthly rent of $1,500 until such time as they received a valid Notice of Rent Increase (in accordance with the annual rent increase guideline in effect for 2023).

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On November 15, 2022, the Landlord came to the rental unit and knocked on the door. Amina answered opened the door. Idris was not home at the time. The Landlord asked if he could come in and check the unit to see if it was still in good condition. Amina told him "no", it was not a good time and that if he wanted to enter the unit, he should give them at least 24 hours' written notice and comply with the Residential Tenancies Act.

On November 20, 2022, the Landlord came to the rental unit. He knocked on the door and Idris answered. The Landlord handed Idris two identical Notices of Termination (Form N12), which advised the Tenants that they should vacate the unit by March 31, 2023 since the Landlord's adult daughter, Zainab Abdul, intends to move into the rental unit.

On January 6, 2023, the Landlord (Applicant) commenced an application at the Landlord and Tenant Board seeking an order terminating the tenancy and evicting the tenants as of March 31, 2023 on the basis of this Form N12. Pursuant to section 48 of the Residential Tenancies Act, he intends to prove that he brought this application in good faith because his daughter requires possession of the rental unit and that she intends to live in the unit for at least one year. He has filed the required affidavit in support of his application and, in January 2023, paid to the Tenants $1,500.00 (one month's rent) in compensation as required by the provisions of the Act.

For the landlord, there is only one issue (whether the landlord, in good faith, requires the rental unit for residential occupation by his daughter for at least one year).

For the Tenants, there are three issues:

1. Whether the landlord has met his onus of proof that he, in good faith, requires the rental unit for residential occupation by his daughter for at least one year (i.e., that he satisfies s. 48 of the Act);

2. Whether the eviction must be denied pursuant to s. 83(3) of the RTA (because the landlord is retaliating against the tenants for having enforced their rights); and

3. Whether the eviction ought to be denied or delayed pursuant to s. 83(1) of the RTA.

Respond to the issues that the Tenants' representatives are likely to raise in their closing argument.

I would therefore like to see the Landlord's closing divided into two parts:

(1) the initial closing argument and

(2) the reply closing argument (which anticipates the arguments the Tenants are likely to make and responds to those arguments).

Both issues require the same format.