Landlord Wins Demolition Case: Wania v Domingo-guilarte 2024
Mississauga landlords win case to terminate tenancy and demolish rental unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1598 Ewald Rd, Mississauga, ON L5G4C3
Decision in favor of
landlord
Balance Owed to Landlord
$3,482
Dispute Categories
Notices Sent
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Timeline
Application Date
Aug 2023
Hearing Date
Aug 2024
Order Date
Aug 27, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords require possession of the rental unit in order to demolish the unit. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlords require possession of the rental unit to demolish it
- Landlords obtained necessary permits for construction of new home
- Landlords took reasonable steps to obtain demolition permit
- Residential complex contains fewer than five units
- Landlords paid required compensation to Tenant by termination date
Arguments and Actions
Landlord
Actions
Landlords sold their previous home two years ago because the house was no longer the right fit for them. Landlords purchased the rental unit with the intention to demolish it and construct a new home that suits their needs.
Decision Summary
The tenancy is terminated effective September 7, 2024. The Tenant must move out by that date. If the unit is not vacated by September 7, 2024, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant must pay the Landlords $3,197.26 in unpaid compensation, $98.63 per day starting August 14, 2024 until the Tenant moves out, and $186.00 for the application filing fee. The Landlords must apply the last month's rent deposit to the last month of the tenancy and pay the Tenant any outstanding interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$3,000
Rent Arrears
$3,197
Application Fee
$186
Total Owing
$3,482 (Owed to Landlord)
Source
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