Unauthorized Occupancy Case: Enterprise Reit Operating LP v Hasan 2024
Toronto tenant evicted for unauthorized short-term rentals, ordered to pay compensation
Summarized by RentZenLast updated: August 23, 2024
Case Summary
Unit ****, 63 Roehampton Avenue, Toronto, ON M4P1R1
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jun 2024
Order Date
Aug 15, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant and Unauthorized Occupants because the Tenant transferred occupancy of the rental unit without the Landlord's consent. The Landlord also sought compensation from the Unauthorized Occupant for use of the rental unit.
Determinations
- Tenant transferred occupancy without authorization
- Landlord did not enter into tenancy agreement with unauthorized occupants
- Tenant not currently residing in the unit
- Unit being used for short-term rentals
Case Study
The Board found that the Tenant had transferred occupancy of the rental unit in a manner not authorized by the Residential Tenancies Act. The Tenant's testimony about his living situation and the involvement of his former employer in paying rent was found to be inconsistent and implausible. The Board determined that the Tenant was likely using the unit for short-term rentals through a company, charging more than the monthly rent.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant had transferred occupancy without authorization and was using the unit for short-term rentals.
Actions
Landlord's witness testified to seeing unauthorized occupants in the unit who claimed to have found the apartment on 'Toronto Furnished Living' website.
Tenant
Arguments
Tenant argued that the lease had not been transferred to anyone and that his clothes were still in the unit.
Actions
Tenant claimed occupants were roommates but was not living in the unit. Tenant stated he was living elsewhere with his wife and children, planning to return to the unit when his baby is older.
Decision Summary
The tenancy is terminated, and the Unauthorized Occupant must vacate by August 26, 2024. The Unauthorized Occupant must pay $45.86 per day from June 7, 2024, until they move out. The Tenant must pay $201.00 for the application filing cost. If not paid by August 26, 2024, interest will accrue at 7.00% from August 27, 2024.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,395
Application Fee
$201
Other Owed Amount
$46
Daily compensation for unauthorized occupancy
Source
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