Smith v. Gega

Landlord wins · Mississauga · 2023-08-16

Adjudicator

Wilkinson J.

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

F.G., L.G.

Tenant

S.S.

Tenant rep

Christopher Melville-Gray

What happened

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.

The ruling

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.