Asgari v Charmchi
Tenant wins · North York · 2024-10-07
- Adjudicator
- Vladimir Nikitin
- Dispute
- Tenant Rights
- Landlord
- P.K., A.C.
- Tenant
- K.A., A.M., L.A.R., 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. The Landlord claimed the property was exempt under s.5(i) as the Landlord resided there. The Landlord changed the locks and evicted all Tenants on July 12, 2023. The Tenants filed applications challenging the Landlord's claim that the Act does not apply.
The ruling
The Residential Tenancies Act, 2006 applies to the rental unit or residential complex. The Landlord did not establish the exemption under s.5(i) as they failed to prove the Landlord resided at the property.