Unauthorized Occupancy Case: 240 Markland Drive LP v Oroszy 2024
Unauthorized occupant ordered to vacate rental unit and pay $19534 after tenant's death
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 240 Markland Drive, Etobicoke, ON M9C1R3
Decision in favor of
landlord
Balance Owed to Landlord
$47,358
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Aug 2021
Tenancy End Date
May 2023
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied to terminate tenancy and evict unauthorized occupant after tenant's death, seeking compensation for use of rental unit.
Determinations
- Tenant transferred occupancy without authorization
- Unauthorized occupant in possession on application date
- Application filed within 60 days of discovering unauthorized occupancy
- Tenant deceased prior to April 25, 2023
- No new tenancy agreement formed with occupant
Case Study
Tenancy automatically terminated 30 days after tenant's death under section 91 of the Act. No right to transfer tenancy to unauthorized occupant.
Arguments and Actions
Tenant
Actions
Tenant's son continued living in rental unit after tenant's death without landlord's consent
Decision Summary
Unauthorized occupant must vacate rental unit and pay $19,533.62 in compensation plus $201 application costs by September 9, 2024. Failure to pay will result in interest charges.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Lawful Rent
$1,240
Rent Arrears
$27,624
Application Fee
$201
Other Owed Amount
$19,534
Daily compensation for unauthorized occupancy
Total Owing
$47,358 (Owed to Landlord)
Source
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