Evictly

Bellair Investments v Middlebrook

Landlord wins · Toronto · 2024-02-02

Adjudicator
John Cashmore
Dispute
Unauthorized Occupant
Amount
$10-20K
Landlord
Bellair Investments
Tenant
E.O.W.M.M.
Landlord rep
Irshad Ali, Howard Levenson

What happened

Landlord applied for an order to terminate the tenancy and evict the Unauthorized Occupant, Tyler Middlebrook, because the Tenant, Estate of Willy Mae Middlebrook, transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent.

The ruling

The tenancy between the Landlord and Tenant is terminated effective October 26, 2022, 30 days after the Tenant passed away. The Unauthorized Occupant, Tyler Middlebrook, shall move out of the rental unit on or before February 13, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Unauthorized Occupant shall pay the Landlord $12,522.30 for use of the unit from November 4, 2022 to January 22, 2024, and $28.14 per day from January 23, 2024 until the date they move out, as well as $201.00 for the application filing fee.