Melissa Gudgeon and six other tenants have emerged victorious from their case against landlord Beni Colalillo, who attempted to evict them under the guise of extensive renovations. The tenants resided in an apartment building at 2322 King St. E. in Hamilton, where Gudgeon’s unit suffered from a leaky bedroom window, causing water to cascade down the wall and pool on the floor. Despite these conditions, she witnessed empty units undergoing full renovations and being listed on short-term rental platforms like Airbnb. Colalillo denied accusations of neglecting existing tenants’ units while enhancing empty ones for short-term rentals, but declined to comment further.
The Landlord and Tenant Board (LTB) rejected Colalillo’s renoviction request in December. The landlord claimed the tenants needed to vacate for flooring replacement, plumbing and electrical updates, kitchen ventilation installation, appliance upgrades, wall and ceiling repairs, painting, and window and door replacements. However, the adjudicator, Curtis Begg, noted that Colalillo’s building permit from the City of Hamilton only covered minor drywall repairs and window replacements, with an estimated cost of $20,000. Colalillo’s explanation that the permit form lacked sufficient space to detail his intended work failed to persuade Begg. Furthermore, Colalillo did not provide any contractor witnesses to corroborate his claims.
“I am not persuaded by the landlord’s explanation with respect to why the permit is so under inclusive,” Begg stated. “Nor am I persuaded that the work approved to be done would require vacant possession.”
Paralegal Kimberley Farrell, who represented the tenants, hailed the decision as a reinforcement of the Residential Tenancies Act’s true intent. Landlords seeking to evict tenants for major repairs or renovations must possess a building permit outlining such work.
While relieved to remain in her home, Gudgeon expressed frustration over the unresolved issues in her apartment. The leaky window remains unrepaired, and the painted-over black mold in her bathroom is reappearing. She has also experienced a rent increase of over 11% since 2019 due to above-guideline increases approved by the LTB to cover common area upgrades. Colalillo is pursuing a separate N5 application to evict Gudgeon, alleging interference with others, damage, and overcrowding. Gudgeon dismisses these accusations as retaliatory and baseless.
Hamilton implemented a new short-term rental bylaw on January 1, prohibiting commercial operators from listing units on platforms like Airbnb. The bylaw aims to increase the availability of long-term rentals, but requires complaints to trigger investigations. The city lacks access to complaint records prior to February 24 due to a ransomware attack, and no complaints related to the building have been received since then.
