Unauthorized Occupancy Case: Lin v Adams 2024 LTB Ruling
Toronto landlord wins $35201 against tenant for unauthorized occupancy transfer
Summarized by RentZenLast updated: November 14, 2024
Case Summary
2631 Bayview Avenue, Toronto, ON M2L1B6
Decision in favor of
landlord
Balance Owed to Landlord
$35,201
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Sep 2023
Tenancy End Date
Jun 2024
Hearing Date
Aug 2024
Order Date
Aug 27, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict unauthorized occupant who remained in the rental unit after the original tenant vacated, seeking compensation for unauthorized use of the unit.
Determinations
- Tenant transferred occupancy without landlord's consent
- Unauthorized occupant was in possession when application filed
- Application filed within 60 days of discovering unauthorized occupancy
Case Study
Section 100(1)(2) of the Residential Tenancies Act allows landlord to apply for termination when tenant transfers occupancy without authorization.
Arguments and Actions
Landlord
Actions
Landlord testified unauthorized occupant did not pay rent for many months, with arrears exceeding $40,000
Tenant
Actions
Tenant vacated unit on June 1, 2023, and informed landlord that boyfriend Robert would be staying in the unit
Procedural Errors
Transferred occupancy without landlord's consent
Decision Summary
Unauthorized occupant ordered to pay $35,201.00 for unauthorized use of rental unit, including $35,000.00 in daily compensation and $201.00 application filing cost.
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
Lawful Rent
$3,900
Rent Arrears
$40,000
Application Fee
$201
Other Owed Amount
$35,000
Daily compensation for unauthorized occupancy
Total Owing
$35,201 (Owed to Landlord)
Source
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