Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 100, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: 472383 Ontario Ltd v Schwartzberg, 2024 ONLTB 64848
File Number: LTB-L-044074-23
Application Date
May 2023
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
The Landlord's application is dismissed. The Tenant maintains a sufficient connection to the rental unit as her only home, and Jason Russett is permitted to live there as her roommate.
Tenant maintains sufficient connection to rental unit as her only home, and roommate is permitted to live there
The Landlord applied for an order to terminate the tenancy of Melanie Schwartzberg and Anita Schwartzberg and evict Jason Russett because the Tenants transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent.
Landlord applied to terminate tenancy and evict unauthorized occupant under Section 100 of the Residential Tenancies Act.
Landlord noticed Tenant's vehicle not parked in assigned spot, reviewed security camera footage and key fob access logs, and determined Tenant had transferred occupancy to unauthorized occupant Jason Russett.
Tenant maintains the rental unit as her only home, and Jason Russett is permitted to live there as her roommate.
Tenant's former roommate moved out in January 2023, and new roommate Jason Russett moved in on February 15, 2023. Tenant travels and stays with a friend to assist with a disability, so she is not at the rental unit every day.
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