Landlord Wins Unauthorized Occupant Case: Sebastiao Investments v The Estate of Gerald Hamilton and Lee
Landlord wins case against unauthorized occupant in Hamilton rental unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 340 Concession Street, Hamilton, ON L9A1B6
Decision in favor of
landlord
Balance Owed to Landlord
$4,035
Dispute Categories
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Timeline
Tenancy End Date
Aug 2023
Application Date
Aug 2023
Hearing Date
Jan 2024
Order Date
Jan 23, 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
- Landlord's A2 application filed on 2023-08-30
- Application filed within 60 days of Landlord discovering unauthorized occupancy
- Unauthorized Occupant still in possession at hearing date
- Gerald Hamilton was sole Tenant, passed away on 2023-07-23
- Jennifer Lee is Tenant's niece, began residing in unit in March 2023
- No tenancy agreement between Landlord and Unauthorized Occupant
- Tenancy deemed terminated on 2023-08-22 under Section 91(1) of Act
Arguments and Actions
Tenant
Actions
Jennifer Lee stated she would require approximately two weeks to vacate the unit as she has recently commenced full-time employment and doesn't expect to experience difficulties in securing alternate housing.
Decision Summary
The tenancy between the Landlord and Tenant is terminated as of August 22, 2023. The Unauthorized Occupant must move out by February 3, 2024 and pay the Landlord $3,833.96 in compensation for use of the unit from August 23, 2023 to the hearing date, plus $26.26 per day from January 16, 2024 until they move out. The Unauthorized Occupant must also pay the Landlord $201.00 for the application filing fee.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$799
Application Fee
$201
Total Owing
$4,035 (Owed to Landlord)
Source
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