TI v JH
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: TI v JH, 2018 CanLII 113868 (ON LTB)
File Number: TNL-03820-18
Timeline
Application Date
Mar 2018
Tenancy End Date
Mar 2018
Hearing Date
Jul 2018
Order Date
Jul 27, 2018
Decision
The Tenant's tenancy is terminated effective March 2, 2018. The Unauthorized Occupant must vacate the rental unit by August 7, 2018. The Tenant must pay the Landlord $190 for the application filing fee by August 7, 2018. If the unit is not vacated by August 7, 2018, the Landlord may file the order with the Court Enforcement Office for enforcement.
Dispute
Landlord applied for an order to terminate the tenancy due to the Tenant transferring the occupancy of the rental unit to unauthorized occupants without the Landlord's consent.
Determinations
- Tenant rented unit from previous owner starting June 1, 2015
- Landlord acquired property by purchase under power of sale in August 2017
- Landlord discovered unauthorized occupancy on March 2, 2018
- Landlord filed application within 60 days of discovering unauthorized occupancy
- Tenant transferred occupancy to unauthorized occupants
- Unauthorized occupants in possession on application date
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant submitted that the other occupants were simply roommates sharing the rental unit with the Tenant, and that there had been no unauthorized transfer of the tenancy.
Actions and Evidence
Tenant and her husband are in China on vacation since late March 2018, and will return within 6 months.
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