Raab v Maltezo
Tenant wins · St. Thomas · 2025-12-17
- Adjudicator
- Nersi Makki
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- J.R.
- Tenant
- S.M., J.M.
- Landlord rep
- Sandra Anderson
- Tenant rep
- Elena Dempsey
What happened
The Landlord applied to terminate the tenancy to house a stepchild (the child of a former spouse). The LTB had to determine if a stepchild meets the definition of 'child' under Section 48(1)(c) of the Residential Tenancies Act. The Landlord argued a settled intention to treat the individual as his child, while the Tenants contested the legal eligibility of the occupant.
The ruling
The Landlord's application to evict the Tenants for personal use was dismissed because a stepchild does not qualify as a 'child' under the Residential Tenancies Act. Consequently, the Tenants were ordered to return the $736.75 in N12 compensation previously provided by the Landlord by December 28, 2025.