1000160081 Ontario Inc. v Magalong - LTB Grants Landlord Vacant Possession for Renovations
Landlord granted vacant possession for major repairs, but tenant with autistic child granted 3-month eviction delay
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 2841 Keele St, Toronto, ON M3M2G7
Decision in favor of
landlord
Balance Owed to Tenants
-$621
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Sep 2022
Hearing Date
May 2024
Order Date
Jun 21, 2024
Tenancy End Date
Sep 2024
Dispute Summary
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.
Determinations
- Landlord served valid N13 Notice
- Tenants were in possession on application date
- Landlord requires vacant possession for major repairs
- Landlord provided compensation of 3 months' rent
- Tenants have right to move back after repairs
Arguments and Actions
Landlord
Arguments
Landlord argues vacant possession is required to complete the necessary repairs and renovations to the entire residential complex.
Actions
Landlord provided detailed evidence of the extensive repairs and renovations required, including building permits, contractor assessment, and photos of the property's condition.
Tenant
Arguments
Tenants argue the repairs and renovations are not extensive enough to require them to vacate the unit.
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
Challenges for Tenants' autistic son to move
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
$849
Rent Deposit
$630
Deposit Interest
$39
Other Owed Amount
$12,122
Daily compensation for use and occupation of rental unit
Total Owing
-$621 (Owed to Tenants)
Source
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