Last updated: July 26, 2024
Ordered by Nicola Mulima,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$190
to Landlord
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Citation: Mayfair Mansions Holdings Inc v Burke, 2021 CanLII 88092 (ON LTB)
File Number: TSL-11683-19
Application Date
Nov 2019
Hearing Date
Apr 2021
Order Date
Apr 28, 2021
Tenancy End Date
May 2021
The tenancy between the Landlord and the Tenant is terminated as of May 31, 2021. The Unauthorized Occupant shall move out of the rental unit on or before May 31, 2021 and pay the Landlord $31.78 per day for compensation for the use of the unit from April 29, 2021 to the date they move out. If the unit is not vacated by May 31, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.
Landlord applied for an order to terminate the tenancy of Arlene Burke and evict the unauthorized occupant due to the Tenant transferring occupancy of the rental unit to another person without the Landlord's consent.
Landlord submitted that the test is not whether the unit has been abandoned or whether the Tenant has stored her possession there, but rather is whether she continues to occupy the unit and has a sufficient level of interest and a substantial connection to the unit.
Landlord's employee Natasha Mazurs testified that the Tenant requested that another person be added to the lease as a lease holder as the Tenant advised that she had moved out of the unit and was living with her boyfriend. The Tenant told her that a friend was currently living in her apartment.
Tenant submitted that a person may have more than one residence, and the test is not the time spent at a residence but whether or not there is a substantial connection to the residence. The Tenant submitted that she has a substantial connection to the rental unit as she pays the Rogers bill for the unit, has her furniture there, and pays part of the monthly rent still.
Tenant testified that she has not vacated the rental unit nor has she transferred possession to her friend. She still has keys to the rental unit, her furniture is located there, and she pays a portion of the rent. She also resides with her boyfriend at his house and has resided at her boyfriend's home since January 2019.
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Application Fee
$190
Ordered Amount
$190 (to Landlord)
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