Algoug v Kjurshid

Tenant wins · Scarborough · 2025-07-22

Adjudicator

Kimberly Parish

Dispute

Bad Faith Eviction, Renovation, Major Repairs

Notice

Renovation, Major Repairs (N13)

Amount

<$5K

Landlord

M.A.

Tenant

I.K.

Landlord rep

Kamal M-Rezabeik

Tenant rep

Erin Tobin

What happened

The Landlord applied to terminate the tenancy for major renovations, including rewiring, wall removal, and a new kitchen. The Tenant argued that the application was filed in bad faith as retaliation for the Tenant asserting legal rights regarding parking and laundry services, and as an attempt to force the Tenant out to increase rent above the guideline. The Board found the Landlord failed to prove the necessity of vacant possession or that the permits obtained matched the described work.

The ruling

The Landlord's application to evict the Tenant for renovations was dismissed because the Landlord failed to prove the renovations were necessary and required vacant possession. The Tenant is ordered to return the $770.00 compensation previously paid by the Landlord for the N13 notice by August 22, 2025.