T.D v A.G

Tenant wins · Toronto · 2015-05-22

Dispute

Tenant Rights

Landlord

A., R.

Tenant

T.

What happened

Tenant applied to determine if the Residential Tenancies Act applies to their tenancy. Landlord claims the tenancy is commercial and exempt under subsection 5(j) of the Act. The dispute centers on whether the unit is primarily used for residential or business purposes.

The ruling

The Board determined that the Residential Tenancies Act applies to the tenancy. The Landlord failed to establish that the tenancy falls within the exemption outlined in subsection 5(j) of the Act. The Board found that despite a new lease in 2014 stating the unit was primarily for business use, the actual use of the space was primarily residential based on the evidence presented.