Pinedale Properties Ltd. v Dhakecha
Last updated: September 12, 2024
Order
Ordered by Susan Priest,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$79,832
to Landlord
Dispute Categories
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Citation: Pinedale Properties Ltd. v Dhakecha, 2023 ONLTB 72526
File Number: LTB-L-068038-22
Timeline
Application Date
Dec 2022
Hearing Date
Jul 2023
Order Date
Nov 9, 2023
Tenancy End Date
Nov 2023
Decision
The tenancy between the Landlord and Tenant is terminated. The Unauthorized Occupants must move out of the rental unit by November 20, 2023. The Unauthorized Occupants must pay the Landlord $35,201.00, which includes $35,000.00 in daily compensation for use and occupation of the rental unit and $201.00 for the cost of filing the application.
Dispute
Landlord applied for an order to terminate the tenancy of Tenant and evict Unauthorized Occupants because the Tenant transferred occupancy of the rental unit to the Unauthorized Occupants without the Landlord's consent.
Determinations
- Unauthorized Occupants were in possession of the rental unit on the date the application was filed
- Lawful monthly rent amounts for different periods
- Tenant moved out in January 2018 and allowed Unauthorized Occupants to move in
- Tenant did not ensure proper paperwork was provided to Landlord
- Unauthorized Occupants' method of obtaining rental unit was made in bad faith
- Relief from eviction under s.83(1) would be unfair
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenant trusted Unauthorized Occupants to handle the proper paperwork with Landlord, but they did not.
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Financial Details
Rent Arrears
$44,631
Application Fee
$201
Other Amount
$35,000
Daily compensation for use and occupation of rental unit
Ordered Amount
$79,832 (to Landlord)
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