Kowalski v Santos

Landlord wins · Sudbury · 2025-07-24

Adjudicator

Joy Xiao

Dispute

Renovation, Major Repairs

Notice

Renovation, Major Repairs (N13)

Amount

<$5K

Landlord

M.K.

Tenant

G.M.S.

Landlord rep

Mark Ciobotaru

What happened

The Landlord applied to terminate the tenancy because vacant possession is required to perform extensive repairs and renovations to legalize an unauthorized basement unit. This followed a municipal Order to Comply. The Tenant contested the application, alleging the Landlord was acting in bad faith as retaliation for maintenance complaints and previously unsuccessful attempts to end the tenancy.

The ruling

The tenancy is terminated effective September 15, 2025. The Landlord proved the need for vacant possession to perform repairs required by a municipal order. The Tenant is ordered to move out by the specified date. The Landlord must return the rent deposit and interest ($1,880.64), but may deduct daily compensation of $60.66 for each day the Tenant remains in the unit starting August 1, 2025. The Tenant retains the right to move back into the unit once repairs are completed.