Royal York Gardens v Markovic

Tenant wins · Toronto · 2021-08-18

Adjudicator

Dawn Wickett

Dispute

Unauthorized Occupant

Landlord

R.Y.G.

Tenant

D.M., U.O.

Landlord rep

David Ciabatru

What happened

Landlord applied to terminate the tenancy and evict the Tenant and Unknown Occupants due to the Tenant using the rental unit as an Airbnb short-term rental without the Landlord's consent.

The ruling

The Landlord's application was dismissed as the Landlord did not establish the Tenant transferred occupancy of the rental unit to an unauthorized occupant in a manner not authorized by the Act. The evidence showed the Tenant was still paying rent and had a presence in the building.