Kumar v Kumar

Split/Other wins · Toronto · 2023-02-07

Adjudicator

Renée Lang

Dispute

Breach of Conditions

Landlord

L.K.

Tenant

C.K., M.L.

Landlord rep

K. Markoff

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants and unauthorized occupants. The Landlord and Tenants had an agreement where the Tenants could rent out the unit to third parties, but the Landlord claimed the Tenants breached the agreement by allowing indefinite occupancy.

The ruling

The Landlord's application is dismissed as the Residential Tenancies Act does not apply to the arrangement between the Landlord and Tenants, who are effectively co-landlords renting to the occupants.