Unauthorized Subletting Case: Millcraft Inc v Maxamud 2024
Ottawa tenant evicted for unauthorized subletting without landlord's consent
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 358 McArthur Avenue, Ottawa, ON K1L6N7
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Subsections of RTA Quoted
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Timeline
Hearing Date
Aug 2024
Order Date
Aug 27, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy because the Tenant transferred occupancy of the rental unit to an Unauthorized Occupant without the Landlord's consent.
Determinations
- Tenant transferred occupancy without authorization
- Unauthorized occupant was in possession on application date
- Application filed within 60 days of discovering unauthorized occupancy
- Unauthorized occupant moved out on July 15, 2024
Case Study
Section 100(1)(2) of the Residential Tenancies Act allows landlord to apply for termination if tenant transfers occupancy without authorization
Arguments and Actions
Landlord
Actions
Discovered unauthorized occupancy on November 1, 2023 and filed application within 60 days
Tenant
Actions
Tenant sublet unit without landlord's permission and did not attend hearing
Procedural Errors
Unauthorized subletting
Decision Summary
Tenancy terminated due to unauthorized transfer of occupancy. Tenant must vacate by September 7, 2024, and pay $201.00 in application costs.
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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