Del Pozo v Del Pozo

Tenant wins · Toronto · 2023-08-31

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

L.D.P.

Tenant

R.D.P.

Tenant rep

Adeela Alvez

What happened

The landlord, Luis Del Pozo, applied for an order to terminate the tenancy and evict the tenant, Rolando Del Pozo, due to non-payment of rent. The parties are biological brothers and dispute the ownership of the rental unit, which was formerly owned by their mother. There was no written tenancy agreement between the parties.

The ruling

The application was dismissed because the Board found that there was no landlord-tenant relationship between the parties, as there was no tenancy agreement entered into. The parties were disputing the ownership of the property, which is an estate matter that the Board does not have jurisdiction over.