1 to 1 Worldwide Corporation v Hernandez Moreno

Last updated: November 3, 2024

Order

Ordered by Lisa Del Vecchio,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: July 9, 2024
*** Sheppard Avenue East, Toronto, ON M2K1B7
Contested Dispute

Decision in favor of

Landlord

Ordered Amount

$201

to Landlord

Dispute Categories

Subsections of RTA Quoted

95(1)100(1)
ContentionHigh

Agree with the ruling?

Citation: 1 to 1 Worldwide Corporation v Hernandez Moreno, 2024 ONLTB 50040

File Number: LTB-L-037124-23

Timeline

Application Date

Jun 2023

12 months

Hearing Date

Jun 2024

12 days

Order Date

Jul 9, 2024

11 days

Tenancy End Date

Jul 2024

Decision

The Tenants transferred the occupancy of the rental unit to the Unauthorized Occupants in a manner not authorized by the Residential Tenancies Act, 2006. The Landlord did not enter into a tenancy agreement with the current occupants. The tenancy is terminated, and the Unauthorized Occupants must vacate the unit by July 20, 2024. The Unauthorized Occupant shall pay the Landlord $115.07 per day for compensation for the use of the unit from June 28, 2024 to the date they move out. The Tenants shall pay the Landlord $201.00 for the cost of filing the application.

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Dispute

Landlord applied for an order to terminate the tenancy of the Tenants and evict the Unauthorized Occupant because the Tenants transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent. The Landlord also applied for compensation by the Unauthorized Occupant for the use of the rental unit.

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Determinations

  • Tenants transferred occupancy of rental unit to Unauthorized Occupants in a manner not authorized by the Residential Tenancies Act, 2006
  • Landlord did not enter into a tenancy agreement with the current occupants
  • Rental unit converted into a seven-bedroom rooming house without Landlord's consent
  • Tenants' testimony found not credible
  • Unauthorized Occupants were in possession of the rental unit on the date the application was filed
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Landlord's Arguments

Tenant's Arguments

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Financial Details

Lawful Rent

$3,500

Application Fee

$201

Ordered Amount

$201 (to Landlord)

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