Toronto Community Housing Corp Wins Unauthorized Occupancy Case Against Richardson: Toronto Community Housing Corp v Richardson 2024
Social housing landlord wins case against unauthorized occupants after tenant's death
Summarized by RentZenLast updated: November 14, 2024
Case Summary
1 Pittsboro Drive, Toronto, ON M9V3R3
Decision in favor of
landlord
Balance Owed to Landlord
$35,201
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
Jul 8, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied to terminate tenancy and evict unauthorized occupants after original tenant's death, as occupants did not qualify for Rent Geared to Income (RGI) housing and did not sign a new lease agreement.
Determinations
- Tenant passed away on March 13, 2021
- Tenancy automatically terminated 30 days after death
- No new tenancy agreement signed with unauthorized occupants
- Unauthorized occupants do not qualify for RGI housing
Case Study
Case involves unauthorized occupancy after tenant's death, with considerations under sections 91 and 100 of the Residential Tenancies Act.
Arguments and Actions
Landlord
Arguments
Requested termination of tenancy and compensation
Actions
Attempted to help unauthorized occupants qualify for RGI housing
Tenant
Arguments
Requested 8-12 months to vacate, argued community ties
Actions
Occupied unit without signing new lease, claimed promised $85 monthly rent
Decision Summary
Unauthorized occupants must vacate the rental unit by September 8, 2024, and pay $35,201.00 in compensation and filing fees. Daily compensation of $63.85 will continue until unit is vacated.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,942
Application Fee
$201
Other Owed Amount
$35,000
Daily compensation for unauthorized occupancy
Total Owing
$35,201 (Owed to Landlord)
Source
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