Landlord Wins Unauthorized Occupant Case: Renee Management v Madabushi 2024
Landlord wins case against tenant who transferred occupancy to unauthorized occupant without consent in East York
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 102 Guildwood Park Court, East York, ON M4C2G8
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Jan 2024
Order Date
Jan 31, 2024
Tenancy End Date
Feb 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 without Landlord's consent
- Landlord's withholding of consent to sublet was reasonable
- Unauthorized Occupant in possession on application date
- Application filed within 60 days of Landlord discovering unauthorized occupancy
Case Study
The Tenant transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent, which is contrary to the Residential Tenancies Act, 2006. The Landlord's withholding of consent to the sublet was reasonable and not arbitrary. The Unauthorized Occupant is in possession of the rental unit and the application was filed within 60 days of the Landlord discovering the unauthorized occupancy.
Arguments and Actions
Tenant
Actions
Tenant transferred occupancy of the unit to the Unauthorized Occupant on September 1, 2022 without the Landlord's consent.
Decision Summary
The tenancy between the Landlord and Tenant is terminated. The Unauthorized Occupant shall move out of the rental unit by February 11, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant shall pay the Landlord $201.00 for the cost of filing the application, and if not paid by February 11, 2024, the Tenant will owe interest at 7.00% on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$1,000
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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