NYX Yonge LP v Leo - Landlord Wins Demolition Case
Landlord granted order to terminate tenancy and evict tenant for demolition of rental unit to construct 11-storey residential complex
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 3198 Yonge St, Toronto, ON M4N2L1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Mar 26, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Landlord's intention to demolish the rental unit to construct an 11-storey residential complex. The Landlord served the Tenant with an N13 notice on May 15, 2023, with a termination date of September 30, 2023. The Tenant has not resided in the rental unit since February 2021.
Determinations
- Landlord served valid N13 notice
- Landlord intends to demolish the rental unit and construct an 11-storey residential complex
- Landlord has taken reasonable steps to obtain demolition permit
- Tenant has not resided in the rental unit since February 2021
- Tenant not entitled to more tenant assistance than provided in section 111 agreement
Arguments and Actions
Landlord
Actions
Landlord acquired 12 properties in the area with the intention to demolish them and construct an 11-storey residential complex. Landlord applied for a demolition permit on March 20, 2023 and paid the application fee on April 14, 2023.
Tenant
Arguments
Tenant believes the Landlord has provided inaccurate information to the City of Toronto regarding the number of rental units to be demolished, and that he is entitled to more tenant assistance than provided in the section 111 agreement.
Actions
Tenant has not resided in the rental unit since February 2021, but has furniture and clothing there. Tenant has not given vacant possession because he believes he is entitled to more compensation than provided in the section 111 agreement.
Decision Summary
The tenancy is terminated effective April 6, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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