'A bit of hope': Hamilton tenants beat renoviction attempt by landlord at Ontario tribunal

A tenant facing renoviction from a Hamilton apartment building, where she says the landlord flips empty units for short-term rentals, has won her case at a provincial tribunal and is allowed to stay, along with six other tenants.

"It's a good relief," Melissa Gudgeon said. "Now I can breathe a little. It gives a bit of hope."

The tenants were given eviction notices in December 2021 by landlord Beni Colalillo who said he needed them out to do extensive renovations. 

CBC Hamilton wrote about the conditions of the building at 2322 King St. E. last year. Gudgeon's bedroom window leaked on wet days, with a stream of water running down the wall and across the floor where it pooled by the door. 

Black mould bloomed across the bathroom ceiling and her kitchen cabinets needed to be replaced, but all those repairs could easily be done with her still living there, she said.

Meanwhile, she'd see other units that were recently vacated get full renovations and upgrades and then be listed on short-term rental sites like Airbnb. 

Colalillo had denied allegations about leaving existing tenants' units in a state of disrepair while renovating empty units to post on Airbnb. He declined to comment for this story. 

His case for renovictions was heard at the Landlord and Tenant Board (LTB) in December where he claimed he needed the seven tenants to move out so he could replace flooring, update plumbing and electrical, install new ventilation in the kitchen, update appliances, repair walls and ceilings, paint, and replace windows and doors. 

But adjudicator Curtis Begg dismissed the renoviction request because the only building permit Colalillo had from the City of Hamilton was limited to making minor repairs to the drywall and replacing windows, estimated to cost $20,000. 

Colalillo said he'd only included those two items in the permit because there wasn't enough space on the form to "fully detail" what he intended to do, according to Begg's decision.

However, the landlord also didn't call any contractors as witnesses to back up his claims, Begg said.

"I am not persuaded by the landlord's explanation with respect to why the permit is so under inclusive," Begg said. "Nor am I persuaded that the work approved to be done would require vacant possession." 

The tenants were represented by paralegal Kimberley Farrell, who said the decision is significant because it "enshrines the true intention" of the Residential Tenancies Act. 

Under that legislation, landlords wishing to evict tenants for major repairs and renovations must have a building permit detailing that work.