The Effort Trust Company v Eckersley - LTB Ruling on Superintendent's Premises Termination
Landlord wins case to evict superintendent from rental unit after employment termination
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1195 Fennell Ave E, Hamilton, ON L8T1S9
Decision in favor of
landlord
Balance Owed to Landlord
$10,164
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Aug 2023
Order Date
Sep 20, 2023
Tenancy End Date
Oct 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the rental unit is the superintendent's premises and the Tenant's employment as superintendent has ended.
Determinations
- Rental unit is superintendent's premises
- Tenant's employment as superintendent terminated on 2022-12-16
- Tenant remained in unit after employment termination
- Daily compensation rate is $41.06
- Tenant owes $9,978.31 in compensation
- Landlord entitled to $186 application fee reimbursement
- No last month's rent deposit
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. The rental unit is a 'superintendent's premises' and the Tenant occupied the rental unit as a result of her employment as a superintendent in the building. The Tenant's employment was terminated on December 16, 2022, and the Tenant has not vacated the superintendent's premises.
Decision Summary
The tenancy is terminated effective October 15, 2023. The Tenant must pay the Landlord $10,164.31, which includes compensation for use of the unit from December 24, 2022 to August 23, 2023 and the application fee. The Tenant must also pay the Landlord $41.06 per day for use of the unit starting August 24, 2023 until the Tenant moves out. If the Tenant does not pay the full amount by October 15, 2023, the Tenant will owe interest at 6% annually on the outstanding balance.
Reason for Eviction Relief
The Tenant is a single mother with children attending school nearby, and she relocated from another city for this superintendent position and to live in this building. While I understand the Landlord's circumstances, it is not unfair to delay the eviction two weeks to provide the Tenant and her family some more time to find another place to live.
Adjudicator Details
LTB Member
Total Orders
57
Landlord Favorable
82.5%
Tenant Favorable
7.0%
Mutual Agreement
10.5%
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Financial Details
Lawful Rent
$1,249
Application Fee
$186
Other Owed Amount
$9,978
Compensation for use of unit
Total Owing
$10,164 (Owed to Landlord)
Source
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