Big win at Landlord and Tenant Board for Hamilton Tenants
Posted March 13, 2023
Hamilton, Ontario – Yesterday two tenants had their hearings at the Landlord and Tenant Board regarding renoviction (N13 eviction for renovations) at 1083 Main St E. The landlord was forced to withdraw their application after the tenant’s lawyer successfully raised section 83.3 “the landlord is in serious breach of the landlord’s responsibilities”.
Tenants have been without water since December 26-28. With their eviction hopes fading the landlord’s paralegals tried to claim they had been working to fix the situation already and water could be restored within weeks with tenants still living there.
4 other units had their hearings Wednesday March 8th but all were adjourned for another day because of time. One tenant’s hearing still needs to be scheduled.
It’s a significant win for the two tenants who won their fight against renoviction but remaining tenants still await their chance for justice.
The landlord claims they gave all remaining tenants N13 notices in March of 2022 but all tenants dispute this and only received copies of N13s in November of 2022.
Tenants retained a lawyer through the City of Hamilton Tenant Defense Fund to fight their cases at the LTB.
At the end of December because of landlord neglect, pipes exposed to the cold burst and water has been shut off to the building since then. The landlord has put zero effort to remedy the situation and instead attempted to use the situation to force tenants to move.
ACORN members have been organizing at 1083 Main Street East since 2019 when Malleum was the landlord.
1083 Main St E has a long history of neglectful landlords. Between the previous owner and the current owner 1083 Main St Inc., the 60 unit apartment building is down to 7 occupied units. Through buyouts, N13s and deliberate building neglect, the apartment building has sat mostly vacant for the past two years while Hamilton experiences a housing crisis.
Since 1083 Main St Inc. took over ownership in June 2021 they have neglected to maintain and clean common areas and exterior of the building, closed off access to the parking garage and laundry room.
Read more about about the city’s failure to enforce property standards at the building https://acorncanada.org/news/tenants-shocked-and-appalled-at-city-of-hamiltons-actions-at-the-property-standards-committee/ & tenant’s response to the February 21st Property Standards Committee decision https://acorncanada.org/news/statements-1083-main-street-east-hamilton-acorn/