1000160081 Ontario Inc. v Garcia - LTB Ruling on Major Repairs
Toronto landlord granted eviction order to complete major building renovations, but tenant receives 2-month extension due to financial hardship
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 2841 Keele St, Toronto, ON M3M2G7
Decision in favor of
landlord
Balance Owed to Tenant
-$1,646
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Sep 2022
Hearing Date
May 2024
Order Date
Jun 21, 2024
Tenancy End Date
Aug 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord requires vacant possession of the rental unit to do major repairs or renovations to the unit.
Determinations
- Landlord served valid N13 Notice
- Tenant was in possession on application date
- Landlord requires vacant possession for major repairs
- Landlord provided compensation of 3 months' rent
- Tenant did not request to move back in after repairs
Arguments and Actions
Landlord
Arguments
The Landlord's agent asserted that until all the building's deficiencies are remedied, he is unable to rent the five vacant units; therefore, the delay in receiving vacant possession for the remaining three units is causing the Landlord significant financial hardship from the loss of rent.
Actions
The Landlord's agent testified that the residential complex is a 60-year-old building with two stories, a basement, and a total of 8 units. The agent remarked that tenants of all 8 units received N13 Notices related to the repairs required for the entire residential complex. The agent listed the extensive work to be completed, including replacing the alarm system, removing and replacing floors, cabinets, drywall, and plumbing and HVAC upgrades.
Tenant
Arguments
The Tenant testified that she is content to remain in the unit during any disruptions caused by the repair and renovation work, and that the noise and dust of the construction activity, or the loss of electricity, in either the building or in her unit, would have no impact on her. The Tenant explained further that if there were multi-day disruptions in her unit she would reside temporarily with a neighbour, or for longer disruptions, she could stay with relatives for a period of a week.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy. However, the Tenant has been granted eviction relief through a two-month postponement of her eviction. The tenancy is terminated, and the Tenant must move out by August 21, 2024. The Landlord owes the Tenant $1,646.18, but the Landlord can deduct $33.48 per day for compensation for the use of the unit starting May 8, 2024 until the Tenant moves out.
Reason for Eviction Relief
The Tenant has lived in the unit for 21 years, has many friends in the local community, and her work, doctor, dentist, and church are close by. The Tenant acknowledged that she has not actively been looking for an alternate rental unit, given that with an income of only $30,000.00 per year, she is unable to afford any other unit at current market rent rates.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$1,018
Rent Deposit
$850
Deposit Interest
$52
Total Owing
-$1,646 (Owed to Tenant)
Source
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