Landlord Wins Conversion Case: Redmond v King 2024
Hamilton landlords win conversion case, tenant evicted as unit to be converted to commercial use
Summarized by RentZenLast updated: August 6, 2024
Case Summary
232 Caroline St South, Hamilton, ON L8P2C7
Decision in favor of
landlord
Balance Owed to Landlord
$5,822
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Tenancy End Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Jan 8, 2024
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant to convert the rental unit to a commercial use. Tenant applied alleging substantial interference with reasonable enjoyment and failure to maintain the rental unit.
Determinations
- Landlords have proven grounds for termination of tenancy
- Landlords gave valid N13 notice
- Landlords have obtained necessary permits and intend in good faith to convert unit to non-residential use
- Landlords' communication with Tenant was reasonable
- Landlords' delay in completing repairs was not unreasonable in the circumstances
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on December 31, 2021 due to fire damage, and has not returned.
Decision Summary
The tenancy is terminated effective December 31, 2022, the date the Tenant vacated the rental unit. The Landlords have proven their intention to convert the unit to a commercial use, and have obtained the necessary permits. The Tenant's applications alleging substantial interference and failure to maintain are dismissed.
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Rent Arrears
$8,158
Application Fee
$186
Rent Deposit
$2,500
Deposit Interest
$21
Total Owing
$5,822 (Owed to Landlord)
Source
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