Landlord Wins Eviction Case Against Unauthorized Occupant: De Rose v Dukovic
Landlord awarded $35000 in compensation and granted eviction of unauthorized occupant from Newmarket rental property
Summarized by RentZenLast updated: November 3, 2024
Case Summary
202 Bristol Road, Newmarket, ON L3Y7W9
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
May 2022
Hearing Date
Jan 2024
Order Date
Jan 25, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Unauthorized Occupant, John Dukovic, who had moved into the rental unit without the Landlord's consent after the original tenant, Scott Bayley, passed away. The Landlord had previously terminated the tenancy with Scott Bayley through an N11 agreement.
Determinations
- Landlord terminated tenancy with original tenant Scott Bayley through N11 agreement
- Landlord served notices to unauthorized occupants to vacate
- Landlord filed application within 60 days of discovering unauthorized occupant John Dukovic
- Landlord did not have tenancy agreement with John Dukovic
- Unauthorized Occupant John Dukovic was in possession of rental unit when application filed
Arguments and Actions
Landlord
Actions
Landlord testified that he discovered the rental unit had been converted into a rooming house in April 2022, and immediately served notices to the unauthorized occupants to vacate.
Tenant
Arguments
Unauthorized Occupant argued that the Landlord was aware of the rooming house prior to April 2022.
Actions
Unauthorized Occupant John Dukovic moved into the rental unit and paid $1,100 per month to the original tenant Scott Bayley.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Unauthorized Occupant, John Dukovic, is granted. The Unauthorized Occupant is ordered to vacate the rental unit by February 29, 2024 and pay the Landlord $35,000 in compensation for use of the unit and $201 in application fees. The eviction is postponed to February 29, 2024 to allow the Unauthorized Occupant, who is undergoing cancer treatment, time to find alternative housing.
Reason for Eviction Relief
Unauthorized Occupant's medical issues and lack of mobility
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$2,000
Rent Arrears
$42,000
Application Fee
$201
Total Owing
$42,201 (Owed to Landlord)
Source
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