Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Executive Property Management v Gil, 2022 CanLII 94711 (ON LTB)
File Number: SOL-22454-21
Hearing Date
Sep 2021
Order Date
Feb 9, 2022
The Landlord's application is dismissed. The N13 notice was defective as it was not served on all tenants, and the proposed work does not constitute a demolition as the Tenant's unit will not be irrevocably destroyed or significantly changed, and the Tenant would be able to exercise a right of first refusal.
Landlord applied to terminate the tenancy and evict the Tenant due to plans to demolish the rental unit. The Landlord intended to lower the basement floor and deconvert the residential complex from four to two dwelling units to comply with an Order to Comply issued by the City of Hamilton.
Landlord was not required to name or serve the N13 notice on a tenant who was not in possession of the rental unit.
N13 notice was defective as it was not served on all tenants.
N13 notice was defective as it was not served on all tenants.
Tenant viewed the unit prior to moving in and was told the basement would be a separate apartment. Tenant believes Landlord wanted to construct 4 units illegally and is now trying to evict Tenant to re-rent the combined unit for a greater amount.
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