Tenants Win Against Eviction: Option Properties v Carter 2024
Tenants successfully block eviction in extensive renovation dispute, retain right to return to reconfigured unit
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 144 Church St, St. Catharines, ON L2R3E4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Aug 30, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit in order to demolish the unit and extensively renovate the property.
Determinations
- Landlord's proposed work does not meet demolition definition
- Tenants can potentially return to renovated unit
- Work involves interior alteration and reconfiguration
- City views project as interior alteration, not demolition
Case Study
The key issue was whether the proposed work constitutes a demolition or extensive renovation under the Residential Tenancies Act.
Arguments and Actions
Landlord
Arguments
Proposed work is so extensive that it would be unclear which rental unit the Tenants would occupy
Actions
Landlord intends to remove non-load bearing interior walls, floor assemblies, and roof
Tenant
Actions
Tenants currently occupy entire second floor with exclusive access to attic space
Decision Summary
The Landlord's application was dismissed. The proposed work is considered a renovation, not a demolition, and the Tenants retain the right to return to the renovated unit.
Reason for Eviction Relief
Proposed work does not constitute demolition, tenants can return to renovated unit
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
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