Ventura v Aarts

Tenant wins · Sarnia · 2024-09-20

Adjudicator

Curtis Begg

Dispute

Tenant-initiated Termination

Amount

$10-20K

Landlord

W.A., J.A.

Tenant

F.V.

Landlord rep

Loryn Lux

What happened

Tenant applied for an order determining that the Landlords were required to allow the Tenant to move back into the unit under section 53 of the Residential Tenancies Act, 2006 and failed to do so. The Landlords served an N13 notice to terminate the tenancy for the purpose of repairs or renovations, but did not complete the work as planned.

The ruling

The Tenant proved the allegations on a balance of probabilities. The Landlords were required to allow the Tenant to re-occupy the unit after the renovations, but failed to do so. The Landlords must pay the Tenant $11,257, including $10,209 for rent differential, $1,000 for general compensation, and $48 for the application fee.