I have a and am in the process of applying for a building permit to gut the building and dig the basement and build a

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Customer: I have a triplex and am in the process of applying for a building permit to gut the building and dig the basement and build a one storey extension.
JA: Where is the property located?
Customer: Downtown Toronto. I want to follow the proper process to ask the tenants to move out. First floor (and basement) tenant has lived there for 15 years.
JA: Has any paperwork been filed?
Customer: You mean N11 or N13 forms?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: First floor tenant wants to move back after the renovation is complete. But the new unit will be much bigger and completely new with 4 bathrooms instead of one bathroom. Current building is over 100 years old with original plumbng and wiring.
Answered by Debra in 38 mins 2 years ago
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Debra
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Debra
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Debra
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166164 Satisfied customers

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

What is happening to the tenants on the other floors?

Customer
I just realize you are from SFO and are not familiar with Ontario law. I think it would be best if I deal with a local lawyer. Thanks very much. Please cancel my account.
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Debra, Expert

I am in Toronto. The site is based in the US.

I am at Avenue Road and Lawrence specifically.

Customer
I see. You have a 415 number
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Debra, Expert

That is the site. I don't work for the site.

Customer
Second floor tenant is a single woman. I don't think she would care to move back since the extensive renovation will take a year. Third floor tenants moved in for three months knowing they have to move out for renovation but we could not get COA until now so now they have been there for a year.
Customer
But they should all be served with notice this month about may 31 move out date
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Debra, Expert

So can you have this first floor tenant move back in to the second or third floor?

Customer
It is possible to offer a smaller unit but I doubt if he would accept it since he has a music studio plus son and wife living on first floor and basement
Customer
My son and his wife would like to move in to the first floor unit with basement when it is completed but can't commit. My question is: is it best to negotiate with tenant to sign N11 form now?
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Debra, Expert

He is entitled to move in to a renovated unit and for the same price but not a totally new unit.

So you can offer him the second floor and see what he says.

You can also tell him you are willing to negotiate something but he cannot have a completely new very large unit for the same rental price and so you will go to the board to seek consent for a much higher rent and the board will allow you because they will see what you paid for the renovations and also what fair market value rent is and he will be required to pay fair market value rent.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Second question: current law says tenant can move back at same rent after renovation. But can we charge extra rent if new unit is 270 sq ft larger and has 4 bathrooms instead of 1 and has extra such as central air? How does one increase rent to justify extra
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Debra, Expert

The law is the rent has to stay the same unless the Board allows higher rent.

This is what I explained above.

You will show fair market rent, what the tenant had before and what they will have now, what you paid for the renovations etc.

Customer
Thanks. Which board are you referring to?
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