Riyah Cafe, located in Cabbagetown, has been operational for less than a year but has rapidly gained attention, particularly due to Morocco's impressive run in the World Cup. However, the popular eatery is currently facing a grim situation as its owners contend with potential eviction.
Chef and owner Wafa El Rhazi has been focused on keeping her restaurant afloat amidst a financial dispute with her landlord, Kareem Sethi. The core of this dispute revolves around charges for taxes, maintenance, and insurance—collectively known as TMI. Typically, commercial tenants are responsible for these expenses in addition to their rent.
El Rhazi alleges that the landlord has not provided transparency regarding how the end-of-year charges were calculated. According to her, the amounts claimed by Sethi have fluctuated between $5,000 and $11,000, leaving her in a state of uncertainty.
“This is anxiety for me. My team also didn’t know if they would have a job,” stated El Rhazi, expressing her distress over the situation.
In her plea for clarification, she emphasized, “The only thing we are asking is to show us the receipts. Show us the invoice. Show us the supporting documentation that proves those amounts, and we’ll pay.”
The situation escalated dramatically on June 8 when El Rhazi received a notice of default demanding $7,500, which she was required to pay within a few days to avoid eviction.
Adding to the complexity is Ontario’s commercial tenant law that permits landlords to evict tenants after a mere 15 days for unpaid rent, even if the tenant is in a dispute regarding that rent.
“It’s the equivalent of having to take a bullet to the head because you can sue beyond the grave,” commented Zaky Hajji, El Rhazi's husband and business partner.
CityNews attempted to reach out to Kareem Sethi for comment, but there has been no response from the landlord.
As a temporary measure, the couple has managed to stave off eviction by remaining on the property 24/7, which serves as their only legal recourse at this time.
NDP MPP Kristyn Wong-Tam commented on the situation, suggesting that the landlord appears to be taking advantage of the circumstances. She advocates for a review of Ontario’s Commercial Tenancies Act, which has not been updated in nearly 40 years, to prevent similar situations from arising for other small business owners.
Wong-Tam highlighted the demand for a standardized commercial lease agreement, akin to those used in residential tenancies, to ensure clarity and fairness in lease agreements going forward.
Despite the ongoing challenges, Riyah Cafe remains open and prepares to welcome Moroccan supporters for the crucial World Cup Round of 16 match against Canada on Saturday.
