Last updated: August 6, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: Smith v. Gega, 2023 ONSC 4723
File Number: DC-23-001-00
Tenancy End Date
Jan 2023
Hearing Date
Jun 2023
Order Date
Aug 16, 2023
The Tenant's appeal is dismissed. The Eviction Order dated December 12, 2022 is valid, and the Tenant must vacate the premises by January 4, 2023.
Landlords purchased the condominium unit and served Tenant with an Eviction Notice under section 48 of the Residential Tenancies Act, 2006 as they intended to move into the unit themselves for at least one year. The Landlords then filed an application with the Board to terminate the Tenant's tenancy pursuant to the Eviction Notice. The Tenant argued that she was already a tenant at the time the property was converted to a condominium in 2011 by living with her parents before the conversion, paying rent, and assisting with upkeep, and that she is an 'heir' of her parents under the definition of 'tenant' in the Act.
Landlords argue the Tenant was not a tenant at the time of the Condominium Declaration, and that the term 'tenant's heirs' in the Act was intended to address situations where a tenant has died, not to include children of a living tenant.
Tenant argues she was a tenant at the time the Condominium Declaration was prepared in 2011 by living with her parents, paying rent, and assisting with upkeep, and that she is an 'heir' of her parents under the definition of 'tenant' in the Act.
Tenant lived in the apartment with her parents since 1964, and continued to reside there after her parents passed away.
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