Landlord Loses Bid to Evict Tenants for Renovations: DRAKE PROPERTY MANAGEMENT v Mohan
Landlord's application to evict tenants for major renovations dismissed by LTB
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
- Plumbing work can be done with tenant in possession
- Tenant can be accommodated during work
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 tenant could remain in the rental unit while the proposed work is completed.
Arguments and Actions
Landlord
Arguments
The landlord representative submitted that the permits required to facilitate the work proposed as per the N13 Notice had been obtained, the tenant had been compensated according to the Act, and based on the evidence and testimony presented vacant possession was required due to the scope of work, length of time required and potential health risks to the tenant. The landlord representative requested that the adjudicator consider the rights of the landlord as well as those of the tenant as prescribed by the Residential Tenancies Act.
Tenant
Arguments
The tenant representative submitted that the landlord had failed to prove that vacant possession was a requirement, citing the testimony of the plumbing inspector that contradicted the landlord's witnesses regarding timelines. The tenant representative also alleged that the landlord's pattern of behavior, seeking vacant possession to renovate the rental unit so that they may rent it out at a higher rate, calls into question the necessity for the proposed renovations and real motivations behind the landlord's application.
Actions
Tenant Debbie Mohan testified that she and her family had been living in the rental unit since 2014 and were prepared to temporarily stay with friends but due to ongoing cancer treatment was resolute in her desire to remain in the rental unit due to her health and proximity to health care resources.
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 full amount by 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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