Landlord Wins Termination Case: Steeves and Rozema v Holder 2023
Landlord wins termination case, occupant not added as tenant in Sarnia rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1065 Brenchley St, Sarnia, ON N7S1R6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jun 2023
Order Date
Jul 13, 2023
Tenancy End Date
Jul 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant entered into an agreement to terminate the tenancy. The issue was whether Velma Wells, who has resided in the rental unit with the Tenant and her husband, is a tenant or an occupant.
Determinations
- Landlord and Tenant entered into agreement to terminate tenancy as of April 30, 2023
- Tenant vacated unit on March 1, 2023
- Velma Wells is an occupant, not a tenant
- Landlord could not make reasonable effort to enter into tenancy with Ms. Wells
Case Study
The Landlord and Tenant entered into an agreement to terminate the tenancy as of April 30, 2023. The Tenant vacated the rental unit on March 1, 2023, and Velma Wells remains in the unit, claiming she is a tenant. However, the tenancy agreement was not amended to add Ms. Wells as a tenant, and the Landlord could not make a reasonable effort to enter into a tenancy with Ms. Wells. Therefore, Ms. Wells is an occupant of the rental unit.
Decision Summary
The tenancy between the Landlord and Tenant is terminated. The Tenant must move out of the rental unit on or before July 31, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The Landlord has agreed to work with Velma Wells, the occupant, to move her to a two-bedroom unit in another building.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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