Overbank Towers v McPherson
Landlord wins · Scarborough · 2021-06-02
- Adjudicator
- Donald MacVicar
- Dispute
- Unauthorized Occupant
- Amount
- $10-20K
- Landlord
- O.T.
- Tenant
- S.M.
- Landlord rep
- Matt Anderson
What happened
The landlord applied for an order to terminate the tenancy of Susan McPherson and Ny-Esha McPherson, and for compensation for the use of the rental unit. Ny-Esha McPherson was a lawful occupant of the rental unit, but after the tenant (Susan McPherson) moved out in December 2019, Ny-Esha McPherson became an unauthorized occupant as the landlord did not enter into a new tenancy agreement with her.
The ruling
The tenancy between the landlord and the tenant, Susan McPherson, was terminated as of December 20, 2019. The unauthorized occupant, Ny-Esha McPherson, was ordered to move out of the rental unit by June 13, 2021 and pay the landlord $19,941.61 in compensation for use of the unit from April 1, 2020 to June 2, 2021, plus an additional $46.59 per day from June 3, 2021 until the date she moves out. The unauthorized occupant was also ordered to pay the landlord $190 for the cost of filing the application.