Evictly

Arroyo Rivera v Charmchi

Tenant wins · North York · 2024-10-07

Adjudicator
Vladimir Nikitin
Dispute
Tenant Rights
Landlord
P.K., A.C.
Tenant
L.A.R., K.A., A.M., I.T.
Landlord rep
David Anton
Tenant rep
Joe Myers

What happened

Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental unit or residential complex. The landlord claimed the unit was exempt from the Act as the tenants were required to share the kitchen and bathroom with the landlord, who allegedly lived on the property. The landlord changed the locks and evicted all tenants on July 12, 2023.

The ruling

The Residential Tenancies Act, 2006 applies to the rental unit or residential complex. The landlord failed to establish that the exemption in section 5(i) of the Act applies.