2513824 Ontario Inc. v Drouillard - LTB Dismisses Landlord's Application for Eviction
LTB dismisses landlord's application to evict tenant for personal use, grants relief from eviction due to tenant's significant hardship
Summarized by RentZenLast updated: September 12, 2024
Case Summary
12 561 Louis Ave, Windsor, ON N9A1W7
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Jun 2023
Order Date
Aug 14, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit in order to convert the unit to a non-residential use, namely, to create a commercial storage and maintenance room for the Landlord and a bike storage room for all residents of the rental property.
Determinations
- Tenant was in possession of the rental unit on the date the application was filed
- Landlord gave the Tenant an N13 notice of termination with the termination date of July 31, 2023
- Landlord claims vacant possession of the rental unit is required to convert the rental unit to non-residential use
- Rental unit is a three-story building with 14 units
- Landlord intends to convert the rental unit bedroom into storage space for items related to the upkeep of the rental property and business documents, and to install a workbench for maintenance needs
- Landlord wants to use the rental unit living room for bike storage for the building
- Landlord does not require a building permit to convert the rental unit into storage or maintenance space
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. However, pursuant to section 83 of the Residential Tenancies Act, 2006, relief from eviction is granted in the form of a dismissal of the application.
Arguments and Actions
Landlord
Actions
The Landlord intends to convert the rental unit bedroom into storage space for items related to the upkeep of the rental property and business documents, and to install a workbench for maintenance needs. The Landlord wants to use the rental unit living room for bike storage for the building.
Tenant
Actions
The Tenant has lived in the rental unit for 8 years. His only source of income is ODSP from which he receives less than $1,200.00. The Tenant suffers from severe anxiety and depression and has been suicidal. The Tenant also has cancer which requires him to take 4 different medications every day.
Decision Summary
The Landlord's application is dismissed. If the Landlord has paid the Tenant compensation, the Tenant is to return the compensation to the Landlord on or before August 31, 2023. If the Tenant does not pay the Landlord the full amount owing on or before August 31, 2023, the Tenant will start to owe interest.
Reason for Eviction Relief
The unfairness to the Tenant of granting the application far outweighs the unfairness to the Landlord of denying the application and the Tenant would experience significant hardship if he was forced to move out of the rental unit.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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