Can Landlord evict Tenant to use the rental unit for storage?

January 26, 2017 / Lisa M. Carr / Carr Law Professional Corporation

A recent appeal to Divisional Court held that a Landlord can evict to use a rental basement unit for storage.  The Landlord’s first application to evict the Tenant was denied by the Landlord Tenant Board because storage does not constitute “residential occupation” under section 48(1) of the Residential Tenancies Act, 2006.  The Landlord Tenant Board suggested that the Landlord bring a second application to evict the Tenant for the purpose of converting the rental unit for “non-residential use”.

The Landlord followed the Landlord Tenant Board’s suggestion and filed a second application to evict the Tenant to convert the rental unit for non-residential use.  However, when the second application was reviewed, the Vice-Chair of the Landlord Tenant Board questioned whether the decision on the Landlord’s first application was correct.  The ability of the Vice Chair to review the first application was appealed and dismissed.  The amended Rules give authority to the Landlord Tenant Board to review any order or decision.

The Divisional Court upheld the Vice Chair’s conclusion that the proper meaning of the term “residential occupation” includes storage.  It was reasonable for the Landlord to evict the Tenant to use the basement rental unit for storage which is directly related to the landlord’s personal occupation of other portions of the house.

Sertic v. Mergarten, [2017] O.J. No. 135 

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