Elabed v Hunter

Landlord wins · Thorndale · 2024-11-14

Adjudicator

Kyle McGraw

Dispute

Renovation, Major Repairs

Notice

Personal use (N13)

Amount

<$5K

Landlord

A.E.

Tenant

R.H.

Landlord rep

Samantha Lee

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to the need for extensive repairs and renovations to the rental unit. The Landlord provided evidence that the exterior stairs encroaching on City property need to be removed and an interior staircase needs to be constructed, which requires vacant possession of the unit.

The ruling

The tenancy is terminated effective December 31, 2024 to allow the Landlord to complete required renovations. The Tenant has the right to move back into the unit when the work is done at the same rent. The Landlord owes the Tenant $1,108.98 for the rent deposit and interest, but can deduct $35.79 per day for the Tenant's use of the unit after January 1, 2025 until the Tenant vacates.