Landlords Win Eviction Case Against Unauthorized Occupants: KG and TG v BD
Landlords successfully evict unauthorized occupants from rental unit after tenant's unauthorized sublet
Summarized by RentZenLast updated: July 30, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlords
$1,903
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2017
Tenancy End Date
Jan 2018
Hearing Date
Feb 2018
Order Date
Feb 13, 2018
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's unauthorized assignment or sublet of the rental unit to two Unauthorized Occupants.
Determinations
- Tenant provided notice of termination effective December 31, 2017, which the Landlords accepted
- Tenant advised Landlord of friend's interest in assuming tenancy, but no application was made
- Tenant vacated unit in September 2017 but did not notify Landlords until December 18, 2017
- Tenant transferred keys to Unauthorized Occupants, retaining control over the unit
- Unauthorized Occupants have occupied the unit since September 2017 without Landlords' consent
- Landlords discovered Unauthorized Occupants on January 1, 2018 due to noise complaint
- Tenant offered to pay $600 for Unauthorized Occupants' use, but payment was never received
- Landlords have mitigated losses by renting to new tenant, but new tenant cannot move in until Unauthorized Occupants vacate
Case Study
The Tenant transferred the occupancy of the rental unit to the Unauthorized Occupants in a manner that was not authorized by the Residential Tenancies Act, 2006. The Landlords did not enter into a tenancy agreement with the Unauthorized Occupants. As section 83 of the Act applies only to tenants rather than occupants, there is no authority to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant transferred keys and control of the unit to Unauthorized Occupants without Landlords' consent.
Procedural Errors
Tenant failed to follow proper procedure for assigning tenancy under the Act.
Decision Summary
The tenancy between the Landlords and the Tenant is terminated as of January 1, 2018. The Unauthorized Occupants shall move out of the rental unit on or before February 24, 2018 and pay the Landlords compensation for use of the unit.
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Financial Details
Lawful Rent
$1,200
Application Fee
$190
Other Owed Amount
$1,713
Compensation for use of unit from January 1, 2018 to February 13, 2018
Total Owing
$1,903 (Owed to Landlords)
Source
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