Landlord Wins Unauthorized Occupant Case: Yue v Mugyenyi 2024
Toronto landlord wins case against unauthorized occupant, tenant faces eviction and $201 in costs
Summarized by RentZenLast updated: November 5, 2024
Case Summary
Unit ****, 88 William Duncan Road, Toronto, ON M3K0C7
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Mar 2024
Hearing Date
Jul 2024
Order Date
Aug 2, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy of Tenant and evict Unauthorized Occupant because the Tenant transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent. The Tenant also applied for an order determining that the Landlord altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys.
Determinations
- Landlord and Unauthorized Occupant entered into a tenancy agreement commencing October 1, 2022
- Tenant left the rental unit in December 2023
- Landlord entered into a new tenancy agreement with the Tenant commencing April 1, 2023
- Unauthorized Occupant returned to the rental unit in 2023, but his absence was not temporary
- Unauthorized Occupant did not pay rent for January, February, or March 2024
- Tenancy terminated on March 1, 2024 when Tenant returned the keys to the Landlord
- Unauthorized Occupant is not a Tenant and must move out of the rental unit
Decision Summary
The Unauthorized Occupant must move out of the rental unit by September 30, 2024. 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 Unauthorized Occupant must pay the Landlord $42.74 per day for compensation for the use of the unit from June 1, 2024 to the date they move out, as well as $201.00 for the cost of filing the application. If the Unauthorized Occupant does not pay the full amount by September 30, 2024, they will owe interest at 7.00% on the outstanding balance starting October 1, 2024. The Tenant's application is dismissed.
Reason for Eviction Relief
to give the Unauthorized Occupant sufficient time to find a new place to reside
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Lawful Rent
$1,300
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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