Del Rosario v Pinto

Tenant wins · Brampton · 2022-01-10

Adjudicator

Fabio Quattrociocchi

Dispute

Conversion to Non-residential Use, Illegal Act

Notice

Illegal act or business (N6), Conversion to non-residential use (N13)

Landlord

I.D.R., S.D.R.

Tenant

C.P., D.D.

Landlord rep

Yuliya Molchanova

What happened

Landlords applied to terminate tenancy and evict Tenants, claiming illegal act and intention to convert the rental unit to non-residential use. Landlords served N6 and N13 notices. The application was dismissed as the Board found no illegal act by Tenants and no genuine intention to convert to non-residential use.

The ruling

The Landlord and Tenant Board dismissed the Landlords' application to terminate the tenancy and evict the Tenants. The Board found that the Tenants did not commit an illegal act by residing in the unit, and that the Landlords' intention to use the unit for storage still constitutes residential use. The Landlords failed to establish grounds for eviction under both the N6 and N13 notices.