Wrongs to legacy tenant inflate renovation tab

Wrongs to legacy tenant inflate renovation tab

Friday, September 16, 2022

Flouting requirements to re-house a legacy tenant has added more than $40,000 to a Windsor landlord’s apartment renovation tab. An Ontario Court conviction earlier this week yields a $18,750 penalty on top of the $22,000 in compensation the Landlord and Tenant Board had already awarded to the wronged tenant.

The landlord, 2793530 Ontario Inc., was found in violation of the Residential Tenancies Act for failing to extend the first right of occupancy to a tenant who had been displaced to make way for major renovations. Under the Act, tenants can resume residency at the same rent after work is complete if they give the landlord written notice of their intention to do so prior to moving out.

In this case, the tenant gave notice before moving out in early 2021, but the unit was rented to a new tenant in October 2021 at more than double the previous rent. The property manager has also been charged with failing to provide the legacy tenant with the right of first refusal.

The Court penalty includes a $15,000 fine and a 25 per cent victim surcharge of $3,750.

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