Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-$621
to Tenants
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Citation: 1000160081 Ontario Inc. v Magalong, 2024 ONLTB 35530
File Number: LTB-L-055079-22
Application Date
Sep 2022
Hearing Date
May 2024
Order Date
Jun 21, 2024
Tenancy End Date
Sep 2024
The Landlord has proven the grounds for termination of the tenancy due to the need for major repairs and renovations. However, the Tenants have been granted a 3-month eviction postponement to September 21, 2024 due to the challenges of moving their autistic son. The Tenants have the right to move back into the unit after the repairs are completed.
Challenges for Tenants' autistic son to move
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires vacant possession of the rental unit to do major repairs or renovations to the unit.
Landlord argues vacant possession is required to complete the necessary repairs and renovations to the entire residential complex.
Landlord provided detailed evidence of the extensive repairs and renovations required, including building permits, contractor assessment, and photos of the property's condition.
Tenants argue the repairs and renovations are not extensive enough to require them to vacate the unit.
Tenants are willing to live with construction disruptions for up to 24 hours, but acknowledge their autistic son would have difficulty coping with construction workers in the unit.
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Lawful Rent
$849
Rent Deposit
$630
Deposit Interest
$39
Other Amount
$12,122
Daily compensation for use and occupation of rental unit
Ordered Amount
-$621 (to Tenants)
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