Better Living Homes Inc. v Abbott - Landlord Wins Unauthorized Occupant Case
Landlord wins case to evict unauthorized occupants from Toronto rental unit after tenant's death
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 126 Bellamy Road N, Toronto, ON M1J2L1
Decision in favor of
landlord
Balance Owed to Landlord
$7,780
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Dec 2023
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 2, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Unauthorized Occupants because the Tenant transferred occupancy of the rental unit to the Unauthorized Occupants without the Landlord's consent.
Determinations
- Tenant transferred occupancy to Unauthorized Occupants without Landlord's consent
- Unauthorized Occupants were in possession on application date
- Tenant died on 2023-11-04, tenancy terminated 30 days later
- Landlord did not enter into tenancy agreement with Unauthorized Occupants
Case Study
The Tenant having died on November 4, 2023, the tenancy between the Landlord and the Tenant is terminated on December 4, 2023. The Unauthorized Occupants are not tenants and must move out of the rental unit.
Arguments and Actions
Tenant
Arguments
The Unauthorized Occupants should be allowed to remain in the rental unit because they have lived there for several years while acting as the Tenant's caretaker and it was always the intention of the Tenant for them to remain there. They also stated that they tried on numerous occasions to contact the Landlord to discuss transferring the tenancy but that the Landlord never agreed to such an arrangement.
Decision Summary
The tenancy between the Landlord and the Tenant is terminated. The Unauthorized Occupants must move out of the rental unit by July 13, 2024. The Unauthorized Occupants must pay the Landlord $7,578.90 in daily compensation for use of the rental unit from December 5, 2023, to June 10, 2024, and an additional $40.09 per day from June 11, 2024, until they move out. The Unauthorized Occupants must also pay the Landlord $201.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
19
Landlord Favorable
89.5%
Tenant Favorable
10.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,219
Application Fee
$201
Other Owed Amount
$7,579
Daily compensation for use of rental unit
Total Owing
$7,780 (Owed to Landlord)
Source
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