Camelot Properties v Condina

Tenant wins · Niagara Falls · 2024-09-18

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Landlord

Camelot Properties

Tenant

K.C., C.C.

Landlord rep

Raj Narula, Antonio Caruso

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The order was issued on March 27, 2024. The Tenant requested a review of the order, stating that she was not the lawful tenant at the time the application was filed.

The ruling

The Landlord's application is dismissed as the named Tenant, Kathy Condina, was not the lawful tenant at the time the application was filed. The evidence showed that Kathy Condina had vacated the rental unit in August 2021 and transferred occupancy to her sister, Christine Cabana, without the Landlord's consent. The Landlord did not file an application to terminate the tenancy and evict the unauthorized occupant within 60 days of discovering the transfer of occupancy, as required by the Residential Tenancies Act.