Manjunath v Gleiser

Tenant wins · North York · 2023-08-15

Adjudicator

Susan Priest

Dispute

Conversion To Non-Residential Use

Notice

N13 Notice

Landlord

V.M.

Tenant

E.G.

Landlord rep

Manjunath Chikkahanumaiah, Bita Di Lisa, Berkan Altun

Tenant rep

Christina Nastas

What happened

Landlord applied to terminate the tenancy and evict the Tenant in order to convert the basement rental unit to non-residential use for storage purposes. The Tenant argued that the Landlord did not obtain the required permits and that the intended use was still residential, not a true conversion to non-residential use.

The ruling

The Landlord's application is dismissed. The Landlord has not proven on a balance of probabilities the grounds for termination of the tenancy. The Landlord's intended use of the basement for storage is still a residential use, not a true conversion to non-residential use as required by the Act. The Landlord also did not obtain the necessary permits.