A.C. v F.S.

Tenant wins

Dispute

Conversion To Non-Residential Use

Notice

Non-residential use (N13)

Landlord

A.

Tenant

F.

What happened

Landlord applied to terminate tenancy and evict Tenant, claiming intention to convert the rental unit to non-residential use for storage. Tenant disputed receiving the termination notice and questioned the legitimacy of the Landlord's intended use.

The ruling

The Landlord's application for eviction was dismissed. The Board found that using the unit for storage does not constitute conversion to non-residential use. Additionally, even if it did, the Board determined it would be unfair to grant the eviction given the circumstances, including the Tenant's investments in the unit and the Landlord's other available options for storage.