Landlord Wins Bad Faith Eviction Case: Borek v Srour 2024
Landlord's N13 notice for personal use upheld despite temporary re-rental in London
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2093 Wharncliffe Street South, London, ON N6P1K9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Dec 2022
Application Date
Feb 2023
Hearing Date
Mar 2024
Order Date
Apr 22, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N13 notice to terminate the tenancy for the purpose of demolishing the rental unit and building a new multi-townhouse project. The Tenant vacated the rental unit in response to the N13 notice, but the Landlord later re-rented the unit.
Determinations
- Landlord served valid N13 notice
- Tenant vacated in response to N13 notice
- Landlord did not demolish unit within reasonable time
- Landlord re-rented unit after Tenant vacated
Arguments and Actions
Landlord
Actions
Landlord purchased the rental unit in July 2021 with the intention of demolishing it and building a new multi-townhouse project. Landlord served the Tenant with an N13 notice in accordance with the Act. Landlord re-rented the unit temporarily after the Tenant refused to move back in.
Tenant
Actions
Tenant believed the Landlord did not intend to demolish the rental unit.
Decision Summary
The Tenant's application is dismissed. The Landlord provided credible evidence that they intended to demolish the rental unit and build a new multi-townhouse project at the time the N13 notice was served. The Landlord's plans were delayed due to unforeseen circumstances beyond their control, and they re-rented the unit temporarily as a result.
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
91.5%
Tenant Favorable
8.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,500
Source
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