Cisse v Bandr

Tenant wins · North York · 2025-06-20

Adjudicator

Panagiotis Peter Roupas

Dispute

Renovation, Major Repairs

Notice

Renovation, Major Repairs (N13)

Landlord

M.S.C.

Tenant

M.A.B., A.N., A.R.

Landlord rep

Alireza Hesami

Tenant rep

Bhavin Bilimoria

What happened

The Landlord applied to evict three Tenants from a rooming house to perform major renovations, based on N13 notices. The application was dismissed because the Landlord failed to pay the required compensation. The property was determined to be a five-unit rooming house, which legally requires three months' rent as compensation per tenant. The Landlord had only paid one month's rent to each, making the application fatally flawed.

The ruling

The Landlord's applications to evict the Tenants for major renovations (N13) are dismissed. The dismissal is due to a fatal technical error: the Landlord failed to pay the full, legally required compensation. For a building with five or more residential units, three months' rent is required as compensation, but the Landlord only paid one month's rent to each Tenant. The Tenants are ordered to repay the partial compensation they received, unless the Landlord issues new N13 notices within 60 days and chooses to waive this debt as part of the new compensation.