Landlord's Renovation Eviction Dismissed: Georges v Nastoras Case
Landlord's renovation eviction dismissed due to lack of permits
Summarized by RentZenLast updated: July 22, 2024
Case Summary
17 Mill Street, Windsor, ON N9C2R7
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jan 2022
Order Date
Feb 3, 2022
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant due to plans for major renovations to the 30-unit building. The Landlords claimed they needed vacant possession to complete the renovations, which included replacing the heating system and updating bathrooms and kitchens. The Tenant did not want to move as he could not find an affordable alternative.
Determinations
- Landlord did not obtain necessary permits
- Landlord's application made prematurely
- Landlord's true intentions for property unclear
Case Study
The Landlord's application was dismissed because the Landlord did not take reasonable steps to obtain the necessary permits for the renovations, as required under the Residential Tenancies Act. The Landlord also did not provide clear evidence of their true intentions for the property, as they had both applied to evict the Tenant for renovations and also had a conditional sale of the property pending vacant possession.
Arguments and Actions
Landlord
Arguments
The Landlord's Legal Representative had asked the Board to consider the cases of Two Clarendon Apartments Limited v. Sinclair (2019) ONCS 3845, as well as TSL-04695-19 and TSL-04702-19.
Actions
The Landlord's son testified that the complex requires extensive renovations including replacement of the heating system from electricity to either a forced air gas or boiler system which would require the complex's electricity to be turned off for a significant amount of time. He also testified that the complex will also be installed with a hot water line, bathrooms and kitchens will be updated among other repairs.
Procedural Errors
The Landlord did not take reasonable steps to obtain the necessary permits for the renovations, as required under the Residential Tenancies Act.
Tenant
Actions
The Tenant testified that he does not want to move as he has been unable to find an affordable unit.
Decision Summary
The Landlord's application was dismissed because the Landlord did not take reasonable steps to obtain the necessary permits for the renovations, as required under the Residential Tenancies Act. The Landlord's true intentions for the property were also unclear, as they had both applied to evict the Tenant for renovations and also had a conditional sale of the property pending vacant possession.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$400
Source
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