Landlord Wins Eviction Case Against Occupant, Not Tenant - RWC Management v Boyle
Landlord wins eviction case against occupant, not tenant, in Sault Ste. Marie
Summarized by RentZenLast updated: July 22, 2024
Case Summary
308 Korah Rd, Sault Ste. Marie, ON P6C4H1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2022
Hearing Date
Sep 2022
Order Date
Oct 7, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on September 8, 2022, prior to the hearing date.
Determinations
- J.B. advised the former Landlord that she was vacating the rental unit in June 2021
- J.B. did not sign a tenancy agreement when she moved into the rental unit in February 2019 or June 2022
- J.B. is now an occupant/roommate, and not a tenant covered by the Residential Tenancies Act, 2006
- There was an assignment in the tenancy where Shawna Boyle became the Tenant in June 2021 after J.B. vacated
Case Study
J.B. is an occupant/roommate, and not a tenant covered by the Residential Tenancies Act, 2006. As an occupant, J.B. has no contractual relationship with the Landlord and no protection or rights in proceedings at the LTB under the RTA.
Arguments and Actions
Tenant
Arguments
J.B. alleged she was not reasonably able to participate in the original July 5, 2022 hearing because she did not receive the notice of hearing from the Board until August 15, 2022.
Actions
J.B. testified that she was not residing in the rental unit until June 2022, has not paid any rent to the Landlord and does not know why she is a named party to this matter.
Decision Summary
The request to review order LTB-L-006820-22 issued July 8, 2022 is denied. However, the order LTB-L-006820-22 issued July 8, 2022 shall be varied to reflect that the only Tenant in these proceedings is Shawna Boyle. The interim order issued on September 7, 2022 is cancelled, and the stay of order LTB-L-006820-22 is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
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