TRI-B ACRES INC. v Penner: Demolition Eviction Case in Leamington, ON
Demolition Eviction Case: TRI-B ACRES INC. v Penner - LTB Ruling
Summarized by RentZenLast updated: July 22, 2024
Case Summary
636 Highway 77, Leamington, ON N8H3V8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Mar 2023
Order Date
Mar 23, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit in order to demolish it. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord proved grounds for termination
- Landlord requires unit for demolition in good faith
- Necessary permits obtained by Landlord
- Relief from eviction not granted
- Required compensation paid to Tenant
- Tenant was in possession on application date
- Valid N13 notice served on 2022-01-20
Case Study
The Landlord successfully proved the grounds for termination of the tenancy. The Landlord obtained necessary permits for demolition and paid the required compensation to the Tenant. The Tenant's request for a 120-day extension was denied due to the potential expiry of the Landlord's permits and the fact that the Tenant had already been given 13 months to find alternative housing.
Arguments and Actions
Landlord
Arguments
Landlord argued that the prejudice to them outweighs the prejudice to the Tenant if termination was delayed, citing permit expiration and ample notice given to the Tenant.
Actions
Landlord obtained necessary permits for demolition which expire on April 21, 2023. Landlord expressed concern about permit renewal if termination is delayed.
Tenant
Arguments
Tenant argued for more time to find alternative housing.
Actions
Tenant requested 120 days to vacate the rental unit, stating he has been trying to find a place and submitted several applications. He also does not have anyone to stay with.
Decision Summary
The tenancy is terminated effective April 3, 2023. The Tenant must vacate the rental unit by this date. If not vacated, the Landlord may file the order with the Court Enforcement Office for eviction enforcement starting April 4, 2023. The eviction order expires on October 4, 2023, if not filed with the Court Enforcement Office.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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