Toronto Community Housing v Patel

Landlord wins · Toronto · 2021-07-14

Adjudicator

Anthony Bruno

Dispute

Unauthorized Occupant

Notice

Termination of Tenancy (Letter)

Amount

>$20K

Landlord

T.C.H.

Tenant

C.P., D.P.

Landlord rep

Kamran Barbar-Gohaoi

What happened

The Landlord applied for an order to terminate the tenancy of Cassandra Patel and Diane Patel, and for compensation for the use of the rental unit. Diane Patel, the original tenant, passed away on September 13, 2019. Cassandra Patel, who was not listed on the lease, had been occupying the unit. The Landlord discovered this and sent a letter to Cassandra Patel terminating the tenancy, but she did not vacate. An unauthorized occupant was then found in possession of the unit.

The ruling

The tenancy between the Landlord and the Tenants is terminated as of September 30, 2021. The unauthorized occupant must vacate the unit by September 30, 2021 and pay the Landlord $26,741 for use of the unit from September 13, 2019 to July 14, 2021, plus $45.30 per day from July 15, 2021 until move-out, and the $190 application fee. If the occupant does not pay by September 30, 2021, they will owe interest at 2% on the outstanding balance.