ALTA PLACE PROPERTY INC v Macariola - Landlord Wins Superintendent's Premises Case
Landlord wins case to evict tenants from superintendent's premises after employment termination, awarded over $8400 in rent arrears and costs
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 31 High St E, Mississauga, ON L5G1J9
Decision in favor of
landlord
Balance Owed to Landlord
$8,433
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Tenancy End Date
Nov 2023
Hearing Date
May 2024
Order Date
Jun 5, 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants because the rental unit is the superintendent's premises and the Tenants' employment as superintendent has ended. The Landlord also sought $2,000.00 in damages to the rental unit.
Determinations
- Landlord terminated Tenants' employment as superintendents on June 23, 2023
- Tenants did not vacate the superintendent's premises within one week after termination
- Tenants vacated the rental unit on November 8, 2023
- Landlord is entitled to rent for the period from July 7, 2023 to November 8, 2023
- Landlord is entitled to reimbursement of $186.00 for filing the application
- Landlord's claim for $2,000.00 in damages is dismissed due to lack of evidence
Arguments and Actions
Landlord
Actions
Landlord terminated Tenants' employment as superintendents and sought to recover the rental unit.
Tenant
Actions
Tenants did not vacate the rental unit after their employment as superintendents was terminated.
Decision Summary
The Landlord's application is granted. The tenancy is terminated as of November 8, 2023. The Tenants are ordered to pay the Landlord $8,247.23 in rent owed for the period from July 7, 2023 to November 8, 2023, and $186.00 for the cost of filing the application, for a total of $8,433.23. If the Tenants do not pay the full amount by July 7, 2024, they will owe interest at 7.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
23.5%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,045
Rent Arrears
$8,247
Application Fee
$186
Total Owing
$8,433 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.