Nguyen v Puopolo

Landlord wins · Toronto · 2022-11-02

Adjudicator

Trish Carson

Dispute

Major Repairs or Renovations, Non-payment of Rent

Notice

Non-payment of rent (N4), Termination for Major Repairs or Renovations (N13)

Amount

<$5K

Landlord

D.V.N.

Tenant

V.P.

Landlord rep

Ian Shemesh

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and the need for major repairs or renovations to the rental unit. The Landlord served a valid N4 Notice for non-payment of rent, and an N13 Notice for major repairs or renovations. The Tenant did not void the N4 Notice by paying the rent arrears, and was still in possession of the rental unit at the time of the hearing.

The ruling

The Landlord's L2 application for major repairs or renovations is dismissed as the project constitutes a demolition, not a renovation. The tenancy is terminated due to non-payment of rent, unless the Tenant pays the outstanding amount by November 13, 2022. If the Tenant does not pay, the Tenant must vacate the unit by November 13, 2022 and the Landlord may file the order with the Sheriff for enforcement.