Millsap v Miller
Tenant wins · Collingwood · 2022-01-05
- Adjudicator
- Dawn King
- Dispute
- Renovation, Major Repairs
- Notice
- Personal use (N13)
- Amount
- <$5K
- Landlord
- C.M.
- Tenant
- M.M.
- Landlord rep
- Ciara MacMillan
- Tenant rep
- Duty Counsel
What happened
Landlord applied to terminate the tenancy and evict Tenant to demolish the rental unit. Landlord provided Tenant with 3 months' rent compensation as required. Tenant argued the work was a renovation, not a demolition, and wanted to exercise right of first refusal to return to the unit.
The ruling
The Landlord's application is dismissed. The work is considered a renovation, not a demolition, so the Tenant has a right of first refusal to return to the unit. The Tenant must return the $2,228.28 compensation paid by the Landlord, with interest if not paid by the due date.