Weissenborn v Storisteanu: Tenant Granted Extended Time for Major Renovations
Toronto tenant granted extended eviction timeline until December 2024 for landlord's major renovation project
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 533 Dupont St, Toronto, ON M6G1Y8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
Tenancy End Date
Dec 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant to conduct major repairs and renovations, including foundation waterproofing, basement renovation, and unit modifications.
Determinations
- Landlords proved good faith intention for extensive renovations
- Tenant unable to live in unit during renovations
- Compensation paid to tenant
- Eviction date set to December 31, 2024
Case Study
Section 73 of the Residential Tenancies Act requires good faith intention and reasonable steps towards obtaining necessary permits for eviction based on renovations.
Arguments and Actions
Landlord
Arguments
Need to commence work within one year of building permit issuance
Actions
Extensive renovations planned including foundation waterproofing, basement renovation, and unit modifications
Tenant
Arguments
Requested eviction postponement to March 2025 due to challenging rental market and personal circumstances
Actions
Tenant is a single mother on Ontario Works, living with a brain injury, and will need to pay approximately $1,000 more per month for a comparable unit
Decision Summary
Tenancy terminated effective December 31, 2024, with compensation paid. Tenant granted additional time to find alternative housing due to rental market challenges and personal circumstances.
Reason for Eviction Relief
Tenant is a single mother on Ontario Works with limited income and two young children, requiring additional time to find suitable housing
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$1,750
Rent Deposit
$1,750
Deposit Interest
$103
Other Owed Amount
$58
Daily compensation for unit use
Source
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