Bona Building & Management Co. Ltd. v Jiang
Last updated: February 7, 2026
Order
Ordered by Panagiotis Peter Roupas,Tribunals Ontario under Section 100, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Bona Building & Management Co. Ltd. v Jiang, 2025 ONLTB 58760
File Number: LTB-L-076625-23
Timeline
Tenancy End Date
Aug 2023
Application Date
Nov 2023
Hearing Date
Feb 2025
Order Date
Jul 30, 2025
Decision
The Landlord's application was successful. The tenancy between the Landlord and Tenant was terminated. The Unauthorized Occupant was ordered to vacate the unit by August 10, 2025, and pay $28,783.06 in compensation and filing fees. The occupant's T2 application for harassment was dismissed as they were not a legal tenant.
Dispute
The Landlord applied to terminate the tenancy of the Tenant and evict an Unauthorized Occupant because the Tenant transferred occupancy without the Landlord's consent. The Tenant had served an N9 notice to end the tenancy effective August 31, 2023, but the Unauthorized Occupant remained in the unit. The Unauthorized Occupant claimed an oral agreement for a new tenancy existed, which the Landlord denied. Additionally, the Unauthorized Occupant filed a T2 application claiming harassment and interference, which was ultimately dismissed as they were not legally a tenant.
Determinations
- Tenant transferred occupancy in an unauthorized manner
- Landlord did not enter into a tenancy agreement with the occupant
- Application filed within 60 days of discovery
- Unauthorized Occupant occupied the unit rent-free since September 1, 2023
- No oral agreement for tenancy was established
- T2 application dismissed as the occupant is not a tenant
Landlord's Arguments
Arguments
The Landlord argued the occupancy was unauthorized under Section 100 as they never consented to the transfer after the original tenancy ended.
Actions and Evidence
The Landlord's agent testified that the Landlord never entered into a new agreement with the occupant and denied her applications multiple times.
Tenant's Arguments
Actions and Evidence
The Tenant testified they ended the tenancy because the occupant was noisy and prevented the Tenant from sleeping. The Tenant served an N9 notice and vacated.
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