Shani v Belaia

Tenant wins · North York · 2022-01-10

Adjudicator

Nicola Mulima

Dispute

Demolition

Notice

Notice of Termination (N13)

Landlord

S.S., M.S.

Tenant

P.B.

Tenant rep

Duty Counsel

What happened

Landlord applied to terminate the tenancy and evict the Tenant because the Landlord intends to demolish the rental unit. The Landlord and his wife testified that they do not intend to demolish the rental unit or the residential complex, but rather want to cease running a rooming house and return the house to a single-family dwelling to comply with the City's zoning by-laws.

The ruling

The Landlord's application is dismissed as the Landlord failed to meet the burden of proof to establish that they intend to demolish the rental unit or convert it to a use for a purpose other than residential premises. The Notice of Termination served on the Tenant is void as the Landlord's intended actions do not constitute demolition or conversion under the Residential Tenancies Act.