25 San Romanoway Limited v Holoman

Landlord wins · Toronto · 2021-04-26

Adjudicator

Richard Ferriss

Dispute

Unauthorized Occupant

Amount

$5-10K

Landlord

25 San Romanoway Limited

Tenant

E.H.

Landlord rep

Shivanni Gornicz, Geoff Paine

What happened

Landlord applied for an order to terminate the tenancy of Tenant, and to evict the Tenant and Unauthorized Occupant, and for compensation for the use of the rental unit. The Tenant transferred the occupancy of the rental unit to the Unauthorized Occupant in a manner that was not authorized by the Residential Tenancies Act, 2006. The Unauthorized Occupant was in possession of the rental unit on the date the application was filed.

The ruling

The tenancy between the Landlord and the Tenant is terminated as of February 13, 2020. The Unauthorized Occupant shall pay the Landlord $5,439.53, which represents compensation for the use of the unit from February 13, 2020 to September 16, 2020, less the amounts paid by the Unauthorized Occupant, less the last month's rent deposit, and less the interest owing on the last month's rent deposit. The Unauthorized Occupant shall also pay the Landlord $190.00 for the cost of filing the application. If the Unauthorized Occupant does not pay the Landlord the full amount owing by May 6, 2021, they will owe interest at a rate of 2.00% on the outstanding balance.