Hometown Properties Inc. v Colquhoun

Split/Other wins · Port Colborne · 2024-01-25

Adjudicator

Mark Melchers

Dispute

Demolition

Notice

Notice to End Tenancy Early for Demolition (N13)

Amount

$5-10K

Landlord

Hometown Properties Inc.

Tenant

P.C.

Landlord rep

Petar Guzina

Tenant rep

Julian Renaud

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit in order to demolish the unit. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. The Tenant requested a review of the order and that the order be stayed until the request to review the order is resolved.

The ruling

The request to review order LTB-L-045608-22 issued on July 13, 2024 is granted. Order LTB-L-045608-22 issued on July 13, 2024 is cancelled and cannot be enforced. The tenancy between the Landlord and the Tenant is terminated, and the Tenant must move out of the rental unit on or before April 1, 2024. The Tenant shall pay the Landlord $10,150.22 in compensation for use of the unit from December 1, 2022 to December 19, 2023, less any amount the Tenant has paid the Landlord for rent for this period. The Landlord owes the Tenant $777.91 which is the amount of the rent deposit and interest on the rent deposit, and this is deducted from the amount owing by the Tenant.