1083 Main Street Inc. v Hearns - LTB Ruling on Landlord's Renovation Plans
Landlord granted possession for renovations, but tenant gets extra time to move out
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1083 Main Street East, Hamilton, ON L8M1N5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Nov 23, 2023
Tenancy End Date
Jan 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord requires vacant possession of the rental unit in order to do major repairs or renovations to the unit.
Determinations
- Landlord served valid N13 notice
- Landlord obtained building permit for renovations
- Tenant aware of other N13 notices served
- Tenant has resided in unit since 2010 with family
- Tenant's spouse has some renovation experience
- Landlord has maintenance issues in building
- Tenant has difficulty finding affordable alternative
Case Study
The Landlord is not in serious breach of their responsibilities under the Act. The Landlord intends to carry out extensive repairs and has paid the Tenant compensation as mandated by the Act. The Landlord's request for vacant possession of the rental unit is reasonable in the circumstance.
Arguments and Actions
Landlord
Procedural Errors
Landlord named only one unit an N13 notice was served for instead of five.
Tenant
Arguments
Tenant sought a dismissal of the Landlord's application because the Landlord failed to comply with the provisions of section 71 (3) of the Residential Tenancies Act, 2006.
Actions
Tenant's spouse, TC, testified about the repairs already done in the unit and their ability to allow the Landlord access for the remaining work.
Decision Summary
The tenancy is terminated, and the Tenant must move out by January 15, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement.
Reason for Eviction Relief
Additional time is given to the Tenant to secure alternative accommodation.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$186
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.