DRAKE PROPERTY MANAGEMENT v Martinez - LTB Dismisses Landlord's Application for Vacant Possession
LTB dismisses landlord's application to evict tenants for major repairs, finding landlord failed to prove vacant possession was required
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1570 Lawrence Ave W, North York, ON M6L1C2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jul 24, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord requires vacant possession of the rental unit in order to do major repairs or renovations to the unit.
Determinations
- Landlord served valid N13 Notice
- Tenant was in possession on application date
- Landlord compensated Tenant 3 months rent
- Landlord failed to prove vacant possession required
- Tenant could remain during work with safety measures
Case Study
The Landlord has not proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The Landlord has not established that vacant possession is required to complete the proposed plumbing work in a safe and timely manner.
Arguments and Actions
Landlord
Arguments
The permits required to facilitate the work proposed have been obtained, the Tenant has been compensated, and vacant possession is required due to the scope of work, length of time required, and potential health risks to the Tenant.
Tenant
Arguments
Landlord's pattern of behavior suggests the real motivation is to renovate the unit to rent it at a higher rate, not the necessity of the proposed renovations.
Actions
Tenants were prepared to temporarily stay with family and friends if required.
Decision Summary
The Landlord's application is dismissed. The Tenant shall pay back to the Landlord the 3 months compensation credited to them. If the Tenant does not pay the Landlord the full amount owing on or before August 31, 2023, the Tenant will start to owe interest.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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