Landlords Win Demolition Case Against Long-Term Tenant in Toronto: Mark v Russell 2021
Landlords win demolition case, can evict long-term tenant in Toronto
Summarized by RentZenLast updated: July 26, 2024
Case Summary
6 Sarnia Avenue, Toronto, ON M6P 3P3
Decision in favor of
landlord
Balance Owed to Landlord
$175
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Jun 2021
Order Date
Sep 1, 2021
Tenancy End Date
Sep 2021
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant in order to demolish the rental unit and create two newly configured separate units.
Determinations
- Landlords served valid N13 Notice
- Landlords obtained necessary permits
- Landlords intend in good faith to carry out demolition and renovations
- No comparable unit will exist after renovations
- Tenant not entitled to compensation or right to return
Case Study
The Tenant argued that the N13 Notice was invalid as it did not identify the rental unit. However, the Adjudicator found that the N13 Notice was valid as there was no evidence that unit numbers were ever assigned to the units in the house. The Adjudicator also found that the Landlords had obtained the necessary permits and intended in good faith to carry out the demolition and renovations.
Arguments and Actions
Landlord
Actions
The Landlords explained that they expected the project to take four to five months, but have now been carrying the costs of a nearly empty house for 18 months. Construction costs have increased due to the pandemic and the property is in dire need of repair.
Tenant
Arguments
The Tenant believes the manner in which the Landlords are doing the work is to avoid having to pay him compensation or provide him with a right to return to the renovated property.
Actions
The Tenant recognizes the need for the Landlords to renovate the property and did not question their intent to carry out the work in good faith. However, the Tenant believes the renovations could be accomplished while he was still living there and does not agree with having to move out.
Decision Summary
The tenancy is terminated effective September 12, 2021. The Tenant must vacate the rental unit by that date. The Tenant is ordered to pay the Landlords $175 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
161
Landlord Favorable
92.5%
Tenant Favorable
5.0%
Mutual Agreement
2.5%
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Financial Details
Application Fee
$175
Total Owing
$175 (Owed to Landlord)
Source
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