Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 9, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Application Date
Dec 2022
Hearing Date
Nov 2024
Order Date
Dec 3, 2024
The Residential Tenancies Act, 2006 does not apply to the Tenant's living accommodation in the residential complex.
The Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies to his living accommodation. The Tenant stated that he was illegally evicted from his living accommodation on May 10, 2022 and has not resided in the unit since then. The Landlords submitted a notice of termination dated April 27, 2022.
The Landlord testified that her father, her, and their family reside upstairs on the second floor of the residential complex. She stated that this second floor contains three bedrooms and a washroom, but no kitchen. The Landlord asserted that there is only one kitchen in the residential complex, on the main floor, that was shared by her father (the owner), her, her family, and the Tenant.
The Tenant is seeking a determination that the Act applies on the basis that he did not share a kitchen with the owner Landlord because the owner Landlord used a second kitchen in the building.
The Tenant stated that he was illegally evicted from his living accommodation on May 10, 2022, and has not resided in the unit since May 10, 2022.
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