OKINETI INC v AYALA S.

Tenant wins · York · 2025-08-15

Adjudicator

Joshua Labbe

Dispute

Demolition, Renovation, Major Repairs

Notice

Demolition/Renovation (N13)

Amount

<$5K

Landlord

OKINETI INC

Tenant

I.D.A.S., J.C.M.S.

Landlord rep

Brenda Rizzo

Tenant rep

Julio Diaz

What happened

The Landlord applied to terminate the tenancy and evict the Tenants based on an N13 notice for demolition. The Landlord intended to combine the main floor unit with the basement to create a single-family dwelling. The planned work included extensive interior reconfiguration, additions, and raising the roof. The Tenants contested the application, arguing the work constituted a renovation rather than a demolition, which would entitle them to a right of first refusal. The adjudicator had to determine if the proposed changes meant the rental unit would cease to exist.

The ruling

The Landlord's application for eviction is dismissed. The Board ruled that the proposed conversion of the rental unit into a single-family dwelling constitutes a renovation, not a demolition. As the Landlord filed the application under the wrong subsection and served a notice that did not accurately reflect the work, the eviction was denied. The Tenants are ordered to return the $2,048.00 compensation previously paid to them by the Landlord by August 26, 2025.