Unauthorized Occupancy: Hazelview Property Services v Finn 2024
LTB orders unauthorized occupants to vacate unit and pay $11158 after original tenant's death
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 746 Midland Avenue, Toronto, ON M1K4E2
Decision in favor of
landlord
Balance Owed to Landlord
$11,359
Dispute Categories
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Nov 2023
Hearing Date
Sep 2024
Order Date
Oct 1, 2024
Dispute Summary
Landlord applied to terminate tenancy after original tenant's death, seeking eviction of unauthorized occupants and compensation for unit use.
Determinations
- Tenant died on October 12, 2023
- Tenancy automatically terminated on November 11, 2023
- Occupants not on original lease
- No new lease application completed
Case Study
Tenant's death triggered automatic tenancy termination after 30 days. Unauthorized occupants remained without new lease agreement.
Arguments and Actions
Landlord
Actions
Sent leasing application, reminded about documentation submission
Tenant
Arguments
Application lacked key specifics like monthly rent
Actions
Offered to pay rent but landlord refused until application resolved
Procedural Errors
Did not complete rental application
Decision Summary
Unauthorized occupants must vacate unit by October 31, 2024, and pay $11,158.03 in compensation plus $36.02 daily rate after September 20, 2024, and $201 application cost.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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Financial Details
Lawful Rent
$1,095
Application Fee
$201
Rent Deposit
$1,095
Other Owed Amount
$11,158
Daily compensation for unauthorized occupancy
Total Owing
$11,359 (Owed to Landlord)
Source
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