Tauro v. Yu

Split/Other wins · Toronto · 2018-12-06

Adjudicator

Favreau J.

Dispute

Breach of Conditions, Maintenance, Non-payment of Rent

Amount

$10-20K

Landlord

A.T.

Tenant

K.Y., B.S.

Landlord rep

Arvid Shahmiry

What happened

Landlord sought to terminate the lease for the entire property, including a convenience store and upstairs apartment, due to alleged defaults by Tenants including unpaid rent, failure to maintain insurance, unauthorized subletting of rooms, and failure to make repairs. Tenants disputed some claims and argued the upstairs apartment was subject to the Residential Tenancies Act.

The ruling

The court declared the entire property exempt from the Residential Tenancies Act and subject to a commercial lease. While finding Tenants in default, the court granted relief from forfeiture, allowing Tenants to cure defaults by specified dates to avoid lease termination. Tenants must provide proof of insurance, pay rent arrears and property taxes, cease unauthorized subletting, and make necessary repairs by the given deadlines.