Farooqui v Toronto Luxury Suites

Tenant wins · Toronto · 2025-06-20

Adjudicator

Rebecca Case

Dispute

Jurisdiction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

M.J.F.

Tenant

T.L.S.

Landlord rep

Stephanie Carvalheiro

Tenant rep

Baruch Wise

What happened

The Landlord, who owns the unit, applied to evict the Tenant, a luxury suite rental company, for non-payment of rent. The Tenant argued the LTB lacked jurisdiction because their agreement was commercial, not residential. Both parties ultimately agreed the relationship was commercial. The Board Member, after analysis, concurred, finding the agreement was for the Tenant to run a short-term rental business, not for residential occupation by the Tenant. Consequently, the Board determined the Residential Tenancies Act did not apply to the relationship between the Landlord and the Tenant, and dismissed the application for lack of jurisdiction.

The ruling

The Landlord's application to evict the Tenant for non-payment of rent is dismissed. The Board found that the relationship between the Landlord (property owner) and the Tenant (a short-term rental company) is commercial in nature, not a residential tenancy. Therefore, the Residential Tenancies Act does not apply, and the Landlord and Tenant Board does not have jurisdiction over the dispute.