Landlord Wins Conversion Case: 2735856 Ontario Ltd. v Jack 2023
North York tenant evicted as landlord converts residential unit to commercial office space
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1897 Avenue Rd, North York, ON M5M3Z9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Sep 25, 2023
Tenancy End Date
Nov 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord requires possession of the rental unit in order to convert the unit to a non-residential use.
Determinations
- Landlord served valid N13 Notice
- Landlord intends to convert unit to non-residential use
- Landlord satisfied requirements of s. 50(1)(b) and s. 73 of Act
- Tenant's medical condition considered but does not warrant denying eviction
- Tenant to be provided additional time to vacate
Case Study
The Landlord, in good faith, intends to convert the rental unit to a commercial purpose, office space, such that she satisfies the requirement of paragraph 50(1)(b) and section 73 of the Residential Tenancies Act, 2006 (the 'Act'). While the Tenant's medical condition is a consideration, it does not warrant denying the eviction, but the Tenant should be provided additional time to vacate the rental unit.
Arguments and Actions
Landlord
Actions
Landlord wants to change the use of the rental unit from residential to commercial because they require the space for an office and storage. The conversion requires no permits or authorization from the city because the work is not extensive.
Tenant
Actions
Tenant is on disability due to injuries sustained while working as a Personal Support Worker (PSW) and is on modified work as a receptionist. Moving out would make her life more difficult due to increased rent costs.
Decision Summary
The Landlord is required to pay the Tenant $1,330.00 compensation on or before October 19, 2023. If the Landlord complies, the tenancy is terminated and the Tenant must move out by November 30, 2023. If the unit is not vacated by November 30, 2023, the Landlord may file the order with the Court Enforcement Office for eviction starting December 1, 2023. The Tenant shall also pay the Landlord $42.74 per day for use of the unit starting December 1, 2023 until the Tenant moves out.
Reason for Eviction Relief
Tenant's medical condition
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,330
Source
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