Notice for Renovation or Repair (Defective N13)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-18
CLNP Page ID:	1865
Page Categories:	[Personal Use Application (LTB)], [Maintenance Obligations (LTB)], [Interference of Reasonable Enjoyment (LTB)], [Renovation & Demolition (LTB)]
Citation:	Notice for Renovation or Repair (Defective N13), CLNP 1865, <6H>, retrieved on 2024-05-18
Editor:	Sharvey
Last Updated:	2022/02/07

TST-00729-18 (Re), 2019 CanLII 87744 (ON LTB)

4. I find that the Tenant was entitled to the compensation because all three conditions in section 52 of the Act were met, namely:

• The Tenant received notice to terminate the tenancy for the purpose of demolition.
• The residential complex contains at least five units. The Tenant testified that there are five units in the complex.
• The demolition was not ordered to be carried out under the authority of any Act. Although the N13 Notice references the findings of a fire inspector, Fire Services’ Notice of Violation (issued two months before the N13 Notice was prepared) does not require that any part of the residential complex be demolished including the rental unit.

5. The Tenant moved out of the rental unit on September 3, 2018. The Tenant testified that at the time he moved out he had a zero balance in his rent account. The Tenant paid the rent up to the end of June, 2018. The Landlord “inherited” the Tenant’s two-month rent deposit from the previous owner of the building pursuant to section 18 of the Act, which the Landlord should have applied to the Tenant’s rent for July and August, 2018.

6. The Tenant’s monthly rent was $610.00. Therefore, the Landlord owes the Tenant $1,830.00 in compensation under section 52 of the Act.