N.H.D. Developments Limited v Correia - LTB Ruling on Unauthorized Occupant
Landlord wins case to evict unauthorized occupant, awarded $41534 in compensation and costs
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 5000 Jane St, North York, ON M3N2W5
Decision in favor of
landlord
Balance Owed to Landlord
$41,534
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Aug 19, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Unauthorized Occupant because the Tenant transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent.
Determinations
- Tenant transferred occupancy to Unauthorized Occupant in manner not authorized by Act
- Unauthorized Occupant in possession on application date
- Tenant vacated unit on 2023-05-01
- Unauthorized Occupant changed locks and refused access
- Rent arrears of $16,734 to 2024-06-30
Arguments and Actions
Tenant
Actions
Tenant vacated unit on 2023-05-01, but transferred occupancy to Unauthorized Occupant without Landlord's consent.
Decision Summary
The Landlord's application is granted. The tenancy is terminated, and the Unauthorized Occupant must vacate the unit by August 30, 2024. The Unauthorized Occupant must pay the Landlord $24,598.50 in daily compensation for use of the unit from March 21, 2023 to June 27, 2024, plus an additional $36.02 per day from June 28, 2024 until they vacate. The Unauthorized Occupant must also pay the Landlord's $201 application filing fee.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,096
Rent Arrears
$16,734
Application Fee
$201
Other Owed Amount
$24,599
Daily compensation for use of unit
Total Owing
$41,534 (Owed to Landlord)
Source
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