Kiyoshima v Zheng
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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PDF provided by the Ontario LTB Order Catalogue
Citation: Kiyoshima v Zheng, 2026 ONLTB 47639
File Number: LTB-T-101279-25
Timeline
Hearing Date
Apr 2026
Order Date
Jul 10, 2026
Decision
The Landlord is ordered to pay the Tenant $4,848.00, representing $4,800.00 for compensation owing under section 52(1) of the Act and $48.00 for the filing fee.
Dispute
The Tenant applied for an order determining that the Landlords collected or retained money illegally by failing to pay three months' rent as compensation pursuant to section 52(1) of the Act following an N13 notice of termination for conversion to non-residential use.
Determinations
- The Tenant proved on a balance of probabilities that the Landlords failed to pay three months' compensation pursuant to section 52(1) of the Act.
- The residential complex contains at least five residential units, meeting the statutory threshold under section 52(1).
Landlord's Arguments
Arguments
The Landlords maintained that the residential complex contained fewer than five units, excluding various structures and floors.
Actions and Evidence
The Landlords served an N13 notice stating an intention to convert the rental unit to a non-residential space due to Fire Code non-compliance (lack of second egress), and argued the residential complex had fewer than five units.
Considerations
Tenant's Arguments
Arguments
The Tenant argued that she was entitled to three months' rent as compensation pursuant to subsection 52(1) of the Act following receipt of an N13 notice.
Actions and Evidence
The Tenant received an N13 notice of termination for conversion to non-residential use and sought compensation under section 52(1) of the Act.
Considerations
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