Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$18,000
to Landlord
Agree with the ruling?
Citation: Amini v. Blu Stellar Real Estate, 2023 ONSC 2659
File Number: DC-459/22
Application Date (Estimate)
Nov 2022
Hearing Date
Apr 2023
Order Date
May 1, 2023
We estimate Application Date using rent arrears.
The Divisional Court dismissed the tenant's appeal, finding no error of law in the Landlord and Tenant Board's decision that the Residential Tenancies Act applies to the tenancy of the basement unit. The Court upheld the Board's order requiring the tenant to pay $18,000 plus interest in rent arrears.
Tenant appealed a Landlord and Tenant Board Review Order requiring him to pay $18,000 plus interest in rent arrears for a basement unit. The tenant argued the Residential Tenancies Act did not apply as the lease was part of a larger commercial transaction and he never lived in the unit. The Board rejected this argument, and the tenant appealed to the Divisional Court.
Landlord argued that an individual cannot rely on an agreement for one purpose and then seek to resile from this agreement when it is no longer convenient.
Landlord's representative testified that the basement unit had sleeping quarters, an operational kitchen, as well as a toilet, sink and shower. He frequently observed the tenant coming out of the basement.
Tenant argued that the Residential Tenancies Act did not apply to the tenancy because the lease was part of a larger commercial transaction and he never lived in the unit.
Tenant executed a residential tenancy agreement for the basement unit to receive a discount on monthly payments. Tenant admitted to understanding it was a residential tenancy agreement when signing. Tenant and others used the basement for storage of unwanted items.
The tenant benefited from the Residential Tenancy Agreement by avoiding HST on $3,000 monthly rent and exploiting RTA protections when defaulting on rent payments, then arguing in bad faith that the RTA does not apply.
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Lawful Rent
$3,000
Rent Arrears
$18,000
Ordered Amount
$18,000 (to Landlord)
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