Landlord Loses Unauthorized Occupancy Case: 2491364 Ontario Inc v Modi
Landlord's late filing leads to deemed assignment of tenancy to unauthorized occupants
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1211, 1442 Lawrence Avenue West, Toronto, ON M6L1B5
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Aug 2020
Hearing Date
Oct 2021
Order Date
Oct 25, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant and Occupants because the Tenant transferred occupancy of the rental unit to her brother and sister without the Landlord's consent.
Determinations
- Tenant transferred occupancy to Parth Modi and Sneha Modi without Landlord's consent
- Landlord did not enter into a tenancy agreement with Parth Modi and Sneha Modi
- Application was not filed within 60 days of Landlord discovering unauthorized occupancy
- There is a deemed assignment of the tenancy to Parth Modi and Sneha Modi
Case Study
The application was dismissed because it was not filed by the Landlord within 60 days after discovering the unauthorized occupancy, as required by the Residential Tenancies Act, 2006. As a result, there is a deemed assignment of the tenancy to Parth Modi and Sneha Modi.
Arguments and Actions
Landlord
Procedural Errors
Landlord did not file the application within 60 days of discovering the unauthorized occupancy.
Tenant
Actions
Tenant transferred occupancy of the rental unit to her brother and sister without the Landlord's consent.
Decision Summary
The Landlord's application to terminate the tenancy is dismissed. There is a deemed assignment of the tenancy to Parth Modi and Sneha Modi pursuant to subsection 104(4) of the Residential Tenancies Act, 2006.
Adjudicator Details
LTB Member
Total Orders
788
Landlord Favorable
51.6%
Tenant Favorable
3.0%
Mutual Agreement
45.3%
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