Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 135, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Application Date
Nov 2023
Hearing Date
Nov 2024
Order Date
Nov 29, 2024
The Tribunal found that Vanessa Headley is not a Tenant of the Landlord, as she signed a lease with the existing tenants Caballero and Escobar, not the Landlord. The Landlord's behavior in allowing Headley to stay was reasonable under the Act. As Headley is not a Tenant, her applications are dismissed.
Tenant Vanessa Headley applied for orders against Landlord Sandra Castiglione for illegally collecting or retaining money, illegal entry, substantial interference, harassment, and failure to meet maintenance obligations. The Landlord argued that Headley was not a tenant and the application should be dismissed.
The Landlord argued Headley is not a Tenant and the application should be dismissed.
Landlord Castiglione produced a lease agreement showing only Caballero and Escobar as Tenants. The Landlord was aware Headley was living in the unit but did not request she leave since the Act allows Tenants to have guests/roommates.
Headley argued the Landlord knew she was living in the unit and never requested she vacate, therefore she is a lawful Tenant.
Tenant Headley believed the property owners were Caballero and Escobar, not the Landlord. Headley signed a lease with Caballero and Escobar, paid rent to them, and addressed maintenance issues with them.
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