Malcam v OKPE

Tenant wins · Pickering · 2025-02-19

Adjudicator

Carrie Bertrand

Dispute

Conversion To Non-Residential Use

Notice

N13

Amount

$10-20K

Landlord

S.A.M., A.M.F.

Tenant

K.E.O., N.M.S.

Landlord rep

Theresian Raphael Selvak

What happened

Landlords applied to terminate the tenancy and evict the Tenants in order to convert the rental unit to a non-residential use. The Landlords claimed they received an Order to Comply from the municipality to return the basement to its original condition or obtain a building permit to address safety issues with the illegally installed basement apartment.

The ruling

The Landlord's application is dismissed. The Landlord failed to obtain the necessary permits or take reasonable steps to do so prior to serving the N13 notice, as required under the Act. The Landlord also did not demonstrate good faith in their intent to convert the unit to non-residential use.