Elliot Lake Retirement Living v Hofstee - Landlord Wins Superintendent's Premises Case
Landlord wins eviction of superintendent in Elliot Lake rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1 Washington Crescent, Elliot Lake, ON P5A2W9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2022
Hearing Date
May 2023
Order Date
May 22, 2023
Tenancy End Date
Jun 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant because the rental unit is the superintendent's premises and the tenant's employment as superintendent has ended.
Determinations
- Tenant was employed by landlord as superintendent
- Tenant was in possession of rental unit on application date
- No last month's rent deposit
- Tenant's employment terminated on November 17, 2021
- Tenant still in possession of rental unit at hearing
Case Study
The landlord provided persuasive evidence that the tenant was employed as a superintendent, that the landlord terminated the tenant's employment on November 17, 2021, and that the tenant is still in possession of the rental unit. The adjudicator found that the landlord has met its burden of proof and that it would be unfair to grant relief from eviction.
Decision Summary
The tenancy is terminated, and the tenant must move out of the rental unit on or before June 9, 2023. If the unit is not vacated by that date, the landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
159
Landlord Favorable
86.8%
Tenant Favorable
8.2%
Mutual Agreement
5.0%
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