Illegal Basement Unit (RTA)

CET-43033-14 (Re), 2014 CanLII 57295 (ON LTB)

1. The rental unit is not licensed with the City of Mississauga making it an illegal basement rental unit under the City by-laws. This is undisputed.

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8. The Tenant contacted the City of Mississauga to report her illegal basement after she provided her notice to the Landlord to terminate the tenancy effective August 31, 2014. It is unreasonable to believe that the Tenant was forced to move out when she did not know she might have to pursuant to the City Order against the Landlord at the time she gave her notice. Therefore, I find that the Tenant’s evidence demonstrated, on the balance of probabilities, that she was not forced to move out because of the City of Mississauga Order made against the Landlord to comply with the by-law to either convert the rental unit or license it.

TNT-85168-16 (Re), 2016 CanLII 104357 (ON LTB)

19. The Tenants take the position that the Landlord is interfering with their reasonable enjoyment of the premises by living in an “illegal basement.” However, the concept of an “illegal basement” has no meaning in the Residential Tenancies Act, 2006 (the ‘Act’). The real basis of the Tenants’ complaint is that, because the basement is being used as a dwelling, it is subject to more stringent Fire Code regulations than would apply to an unfinished basement. The Tenants allege that the Landlord is not complying with the Fire Code’s requirements.

TET-92081-18 (Re), 2018 CanLII 113788 (ON LTB)

23. No evidence was led that the basement unit is an illegal unit and even if it is, there is no automatic correlation between that fact and a finding that the Landlord breached ss. 22 or 23. It is not harassment to rent to someone an illegal basement unit nor does it necessarily constitute substantial interference with reasonable enjoyment. Plenty of tenants live happily in illegal basement units.