Evictly

Tang v Noori Boroojerdi

Tenant wins · Richmond Hill · 2025-07-09

Adjudicator
Nancy Morris
Dispute
Jurisdiction Dispute, Non-payment of Rent
Landlord
J.T.
Tenant
P.N.B.
Landlord rep
Y.T. Li
Tenant rep
R. Lajevardi

What happened

The Landlord applied for an order requiring the Tenant to pay rent arrears for December 2024. The Tenant contested the application, arguing that the living arrangement was a short-term, temporary stay (similar to an AirBnB) and therefore exempt from the Residential Tenancies Act under section 5(a). The core of the dispute was whether a residential tenancy relationship existed or if the arrangement was strictly temporary for the travelling public.

The ruling

The Landlord's application for rent arrears is dismissed. The Board found that it lacked jurisdiction over the matter because the living arrangement between the parties was temporary and intended for the traveling public, qualifying for an exemption under subsection 5(a) of the Residential Tenancies Act, 2006.