Unauthorized Occupancy Case: 45 Grenoble Drive v Syeda 2024
Tenant avoids eviction after unauthorized subletting, granted conditional tenancy
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 45 Grenoble Drive, Toronto, ON M3C1C4
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
May 2024
Order Date
May 29, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant and Unauthorized Occupants because the Tenant transferred occupancy of the rental unit without the Landlord's consent.
Determinations
- Unauthorized transfer of occupancy established
- Application filed within 60 days of discovery
- Tenant not residing in unit for extended periods
- Conditional relief granted
Case Study
The Board considered whether the Tenant transferred occupancy without consent and whether the application was filed within 60 days of discovering unauthorized occupancy.
Arguments and Actions
Landlord
Arguments
Tenant transferred occupancy without consent
Actions
Discovered unknown persons renting unit multiple times
Tenant
Arguments
Denies transferring occupancy, items remain in unit
Actions
Claimed brother and friends were checking unit, was out of country
Aggravating Factors
Unauthorized subletting, non-communication
Decision Summary
Tenancy continues with conditions. Tenant must not transfer occupancy without Landlord's consent. Tenant ordered to pay $201 application cost.
Reason for Eviction Relief
Tenant returned to unit, rent current, has children
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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