Evictly

Asgari v Charmchi

Tenant wins · North York · 2024-10-07

Adjudicator
Vladimir Nikitin
Dispute
Tenant Rights
Landlord
P.K., A.C.
Tenant
K.A., A.M., L.A.R., I.T.
Landlord rep
David Anton
Tenant rep
Joe Myers

What happened

Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies. The Landlord claimed the property was exempt under s.5(i) as the Landlord resided there. The Landlord changed the locks and evicted all Tenants on July 12, 2023. The Tenants filed applications challenging the Landlord's claim that the Act does not apply.

The ruling

The Residential Tenancies Act, 2006 applies to the rental unit or residential complex. The Landlord did not establish the exemption under s.5(i) as they failed to prove the Landlord resided at the property.