Landlord Wins Eviction Case Against Long-Term Tenant
Long-term tenant loses eviction case against landlords who purchased condominium unit
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 3360 The Credit Woodlands, Mississauga, ON
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jan 2023
Hearing Date
Jun 2023
Order Date
Aug 16, 2023
Dispute Summary
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.
Determinations
- Tenant was not a tenant at the time of the Condominium Declaration in 2011
- Tenant is not protected under section 51(1) of the Residential Tenancies Act, 2006
- Eviction Notice is valid
- Tenant must vacate the premises
Case Study
The Board found that the Tenant was not a tenant at the time the Condominium Declaration was prepared in 2011, and therefore is not able to access the protection offered to tenants under section 51(1) of the Residential Tenancies Act, 2006. The Board upheld the Eviction Notice, and ordered the Tenant to vacate the premises.
Arguments and Actions
Landlord
Arguments
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
Arguments
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.
Actions
Tenant lived in the apartment with her parents since 1964, and continued to reside there after her parents passed away.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
2
Landlord Favorable
50.0%
Tenant Favorable
50.0%
Mutual Agreement
0.0%
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