S.O. v Landlord

Tenant wins

Dispute

Tenant Rights

Amount

<$5K

Landlord

L.

Tenant

S.

Landlord rep

J. S.

Tenant rep

D.M.

What happened

Tenant applied to determine whether the Residential Tenancies Act, 2006 applies to their tenancy. Landlord claimed the unit was exempt under section 5(j) as premises occupied for business purposes with living accommodation attached. The Board had to determine if the unit was predominantly used for business or residential purposes.

The ruling

The Board determined that the Residential Tenancies Act applies to this tenancy. The unit was found to be predominantly used for residential purposes from the start, despite being labeled as a commercial lease. The Landlord failed to prove the exemption under section 5(j) applied. The Landlord must pay the Tenant $45 for the application filing fee.