Homestead Land Holdings Limited v Cuthbertson - Landlord Wins Superintendent's Unit Case
Landlord successfully evicts superintendent from North York rental unit after employment ends
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 175 Shaughnessy Blvd, North York, ON M2J1K1
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Feb 2024
Order Date
Apr 8, 2024
Tenancy End Date
Apr 2024
Dispute Summary
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
- Landlord terminated Tenant's employment as superintendent on 2023-10-18, effective immediately
- Tenant required to vacate within 1 week per s.93(2) of RTA
- Tenant offered extension to 2023-11-30 with payment, but failed to vacate
- Tenant claims employment termination was wrongful, but LTB has no jurisdiction to consider that
- Tenant breached extension agreement, no evidence of duress
- Hardship falls on Landlord due to Tenant's failure to vacate
Arguments and Actions
Landlord
Actions
Landlord claims Tenant's failure to vacate has disrupted operations in the high rise building.
Tenant
Arguments
Tenant claims employment termination was wrongful, but LTB has no jurisdiction to consider that.
Actions
Tenant failed to vacate the unit by November 30, 2023 as agreed.
Decision Summary
The tenancy is terminated effective April 19, 2024. The Tenant must vacate the unit by that date or the Landlord can file the order with the Sheriff to enforce the eviction. The Tenant must pay the Landlord $186 for the application filing fee.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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