Last updated: November 3, 2024
Ordered by Kelly Delaney,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Previous Order
Overturned
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Citation: De Rose v Dukovic, 2024 ONLTB 6527
File Number: LTB-L-071559-22-RV2
Application Date
May 2022
Hearing Date
Jan 2024
Order Date
Jan 25, 2024
Tenancy End Date
Feb 2024
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.
Unauthorized Occupant's medical issues and lack of mobility
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.
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.
Unauthorized Occupant argued that the Landlord was aware of the rooming house prior to April 2022.
Unauthorized Occupant John Dukovic moved into the rental unit and paid $1,100 per month to the original tenant Scott Bayley.
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Lawful Rent
$2,000
Rent Arrears
$42,000
Application Fee
$201
Ordered Amount
$42,201 (to Landlord)
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