30/05/2023 – Jurisdiction Ontario
Part 83 published on 01/09/2023
Tenancy terminated for violation of condominium corporation’s occupancy standards by-law
The condominium corporation had passed a by-law restricting occupancy of the units to the occupancy load permitted by the Ontario Building Code (which restricted occupancy to two occupants per one-bedroom dwelling). The tenants were not in compliance with this restriction. As a result, the landlord had applied to terminate the tenancy on the grounds that this violation substantially interfered with the landlord’s lawful right, privilege or interest.
The Board had previously ordered that the tenancy be terminated, and the tenants asked for a review of that order. This request was denied. The Board said:
An owner of a condominium who has tenants who are not complying with the by-laws of the Condominium Corporation, may face consequences from the Corporation if the situation is not remedied. In this case the Corporation has warned the owner but has not taken action against the owner because the owner is attempting to remedy the situation.
…
I find the Tenants violation of the by-law and the consequences to the Landlord, are substantially interfering with the Landlord’s lawful right, privilege or interest. Therefore, I find the tenancy shall be terminated based on the notice served on the Tenants and their failure to remedy the issue.