Landlord Wins Unauthorized Occupant Case: Water Peterborough Properties Inc v Madden 2024
Peterborough landlord wins case against unauthorized occupant, tenant faces eviction and $201 in costs
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 840 Water Street, Peterborough, ON K9H3N9
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Aug 2022
Hearing Date
Mar 2024
Order Date
Apr 23, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy of Gloria Madden and evict David Madden, 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 was filed on August 25, 2022
- Tenant vacated the rental unit and transferred occupancy to David Madden in an unauthorized manner
- David Madden is not a tenant per the original tenancy agreement
Arguments and Actions
Tenant
Actions
The Tenant has not resided in the rental unit since early 2022 and has only visited the rental unit on occasion and less than two weeks throughout this two-year period.
Decision Summary
The Landlord's application is granted. The tenancy is terminated, and the Unauthorized Occupant must vacate the rental unit by June 15, 2024. The Unauthorized Occupant must pay the Landlord $36.98 per day for compensation for the use of the unit from April 1, 2024 to the date they move out, and $201.00 for the cost of filing the application.
Reason for Eviction Relief
The Unauthorized Occupant has resided in the rental unit for several years and currently resides with two children in the rental unit. The Unauthorized Occupant is on a fixed income and has experienced some health concerns over the last two years.
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
$1,125
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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