Chiappetta v Burki

Landlord wins · Toronto · 2025-06-02

Adjudicator

Fotoula Hatzantonis

Dispute

Substantial Interference, Tenant Rights

Landlord

M.B.

Tenant

A.C.

Landlord rep

Peter Balatidis

What happened

The Tenant applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment. The Tenant alleged they were pressured to vacate the unit because the Landlord refused to extend a fixed-term lease and hinted the unit was needed for personal use. After the Tenant vacated and moved to a more expensive unit, the Landlord relisted the unit for a higher price. The Tenant claimed they were unaware that fixed-term leases automatically convert to month-to-month tenancies under Ontario law.

The ruling

The Tenant's application for substantial interference was dismissed. Although the Landlord relisted the unit for a higher price after the Tenant vacated, the Board found that the Tenant's decision to leave was not the result of illegal pressure or misinformation by the Landlord that reached the threshold of substantial interference. The Tenant was responsible for knowing their own rights regarding the automatic conversion of fixed-term leases to month-to-month tenancies.