Landlord Wins Superintendent Eviction Case: IMH POOL XVII LP v St Romain
Landlord awarded $25770 in superintendent eviction case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1340 Danforth Rd, Scarborough, ON M1J1G2
Decision in favor of
landlord
Balance Owed to Landlord
$25,957
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jan 2022
Hearing Date
Feb 2023
Order Date
Feb 16, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the rental unit is the superintendent's premises and the Tenant's employment as superintendent has ended.
Determinations
- Comparable market rent for the unit is $2,124.16 per month
- Landlord is entitled to compensation for Tenants' use of the unit after the 7-day period
- Landlord terminated Tenants' employment effective January 26, 2022
- Tenancy terminated on January 26, 2022 under Section 93 of the Residential Tenancies Act
- Tenants had 7 days to vacate the unit rent-free
- Tenants have remained in the unit since February 3, 2022
- Tenants were employed as superintendents and provided accommodation as part of their employment
Case Study
The tenancy terminated on January 26, 2022 when the Tenants' employment as superintendents was terminated. The Tenants had 7 days to vacate the rental unit rent-free, but they have remained in the unit for over a year. The Landlord is entitled to compensation for the Tenants' use of the unit after the 7-day period.
Arguments and Actions
Landlord
Arguments
Landlord is entitled to compensation for Tenants' use of the unit after the 7-day rent-free period.
Tenant
Actions
Tenants state they are on a wait list for subsidized housing and cannot afford market rent, but have remained in the unit for over a year since their employment was terminated.
Decision Summary
The tenancy is terminated effective January 26, 2022. The Tenants must vacate the unit by March 31, 2023 and pay the Landlord $25,770.96 in compensation for use of the unit from February 3, 2022 to the hearing date, plus $69.84 per day from February 8, 2023 until they vacate. The Tenants must also pay the $186 application fee.
Adjudicator Details
LTB Member
Total Orders
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
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Financial Details
Lawful Rent
$2,124
Application Fee
$186
Other Owed Amount
$25,771
Compensation for use of unit from February 3, 2022 to February 7, 2023
Total Owing
$25,957 (Owed to Landlord)
Source
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