Unauthorized Occupancy: Pinedale Properties v Hossain 2024
Landlord wins eviction order for unauthorized subletting of Toronto rental unit
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 7 Crescent Place, Toronto, ON M4C5L7
Decision in favor of
landlord
Balance Owed to Landlord
$43,531
Dispute Categories
Subsections of RTA Quoted
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Timeline
Hearing Date
May 2024
Order Date
Aug 28, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant and Unauthorized Occupant because the Tenant transferred occupancy of the rental unit without the Landlord's consent.
Determinations
- Tenant transferred occupancy without Landlord's consent
- Unauthorized Occupant sublet individual bedrooms
- Tenant does not reside in the rental unit
- No evidence of Landlord's prior consent to subletting
Case Study
The Residential Tenancies Act requires landlord's consent for subletting. The Tenant transferred occupancy without authorization, which is grounds for termination under Section 100.
Arguments and Actions
Landlord
Arguments
Tenant transferred occupancy without consent, violating lease agreement
Actions
Conducted multiple unit inspections and hired private investigator to verify tenant's residence
Tenant
Arguments
Claimed Landlord previously suggested getting a roommate to offset rent
Actions
Tenant claimed to occasionally stay at the rental unit, but evidence suggests otherwise. Son claimed rooms were numbered due to a friend's dementia.
Procedural Errors
Unauthorized subletting of individual bedrooms
Decision Summary
Tenancy terminated due to unauthorized transfer of occupancy. Unauthorized Occupant must vacate by September 8, 2024, and pay $43,329.60 in compensation plus $48.80 daily rate from May 8, 2024.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,484
Application Fee
$201
Other Owed Amount
$43,330
Daily compensation for unauthorized occupancy
Total Owing
$43,531 (Owed to Landlord)
Source
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