Landlord Wins Unauthorized Occupant Case: Fung v Lin 2024
Toronto landlord wins case against tenant who sublet unit without consent, tenant ordered to comply with conditions to avoid eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 365 Church Street, Toronto, ON M5B0B5
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Aug 2024
Order Date
Aug 26, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Unauthorized Occupant because the Tenant transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent. The Landlord also applied for compensation by the Unauthorized Occupant for the use of the rental unit.
Determinations
- Tenant transferred occupancy to Unauthorized Occupant without Landlord's consent
- Unauthorized Occupant was in possession but has since vacated
- Application filed within 60 days of Landlord discovering unauthorized occupancy
- Tenant sublet rental unit for short-term stay and charged higher rent without Landlord's consent
- Tenant's previous issues with N5, N6 and N7 notices resolved in prior order
- Rent current and paid up to August 31, 2024
Arguments and Actions
Tenant
Arguments
The Tenant submitted that the parties have already attended the Board pursuant to another application based on N5, N6 and N7 notices of termination on March 28, 2024. The Tenant submitted the order issued on April 11, 2024 for file number LTB-L-047897-23 into evidence.
Actions
The Tenant testified that he is an international student from China and he wanted to go home during the period of May 1, 2023 to August 31, 2023. The Tenant submitted that his family is not rich, and he did not want to incur out of pocket expenses while he was out of the country.
Decision Summary
The tenancy between the Landlord and Tenant continues if the Tenant meets the conditions set out in the order. The Tenant is ordered to pay the Landlord $201 for the cost of filing the application and the full amount owing by September 6, 2024. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
The subtenants are gone and the parties agreed that the Tenant has resumed occupancy of the rental unit.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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