Cabbagetown restaurant facing eviction amid landlord dispute

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Riyah Cafe in Cabbagetown has been open less than a year, but it has quickly gained in popularity, particularly now with Morocco’s World Cup run. But what many diners may not know is that the owners are facing eviction.Over the last several months, chef and owner Wafa El Rhazi has been consumed with keeping her restaurant afloat amid a financial dispute with her landlord. At the heart of it, charges for taxes, maintenance, and insurance – or TMI – which commercial tenants typically pay in addition to rent.El Rhazi claims the landlord hasn’t been clear about how the end-of-year charges presented to her were calculated, and the amounts owed have fluctuated between $5,000 and $11,000.“This is anxiety for me. My team also didn’t know if they would have a job,” said El Rhazi.“The only thing we are asking is show us the receipts. Show us the invoice. Show us the supporting documentation that proves those amounts, and we’ll pay.” The dispute came to a head on June 8 when El Rhazi was served with a notice of default in the amount of $7,500, which she had to pay within days or face eviction.Complicating matters is Ontario’s commercial tenant law, which allows landlords to evict tenants after 15 days for unpaid rent, even if the tenant is disputing it.“It’s the equivalent of having to take a bullet to the head because you can sue beyond the grave,” said husband and business partner Zaky Hajji. CityNews reached out to the landlord, Kareem Sethi, for comment but has not received a response.In the meantime, the couple has managed to avoid eviction by staying on the property 24/7, their only legal recourse for now. “It sounds like in this case, we do have a landlord who’s taken advantage of the situation, to be honest,” said NDP MPP Kristyn Wong-Tam. She says Ontario’s Commercial Tenancies Act, which is nearly 40 years old, is due for a review in order to prevent situations like this from happening to others.“One thing that I’m interested in changing, because of the situation that has emerged out of Riyah and other conversations I’ve had with small business owners, is that they would like to have a standardized commercial lease, very comparable to what we see in residential tenancies. And so therefore, the details of the lease agreement will be much more clear cut.”For now, the restaurant remains open and ready to welcome Moroccan supporters on Saturday when the national team faces Canada in the World Cup Round of 16.