Sagals v Ament

Landlord wins · Barrie · 2025-02-03

Adjudicator

Ilan Shingait

Dispute

Renovation, Major Repairs

Notice

Personal use (N13)

Amount

<$5K

Landlord

M.S.

Tenant

P.A., V.J.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to the need for vacant possession to complete major repairs and renovations to the rental unit, including new plumbing and drywall work. The Tenants argued the work could be done without them having to vacate and that the notice was issued in bad faith as retaliation for them filing their own application with the Board.

The ruling

The Landlord's application is granted, but the Tenants are granted discretionary relief in the form of a delay of the eviction until April 30, 2025. The Landlord genuinely intends to complete the necessary repairs and renovations, which require vacant possession of the unit. While the timing of the notice raises concerns about retaliation, the Landlord's actions demonstrate a genuine intent to do the work. The Tenants' personal circumstances, including a young child and upcoming medical procedure, warrant the delay in eviction.