Di Bastiano v Smith

Tenant wins · Guelph · 2025-07-04

Adjudicator

Harry Cho

Dispute

Unauthorized Occupant

Landlord

C.D.B.

Tenant

S.S., B.M.

What happened

The Landlord sought a review of a previous order which dismissed his application to terminate the tenancy. The Landlord alleged that Tenant 1 and Tenant 2 had transferred occupancy of the unit to Unauthorized Occupants (the tenants' children) without consent. The original order found that Tenant 1 retained possession of the unit despite a temporary absence caused by a court order prohibiting her from the property.

The ruling

The Landlord's request for a review was denied. The Board confirmed that Tenant 1 did not transfer occupancy of the rental unit to unauthorized persons. Despite being legally prohibited from the property by a court order, Tenant 1's retention of belongings, pets, and utility accounts demonstrated continued possession of the unit. The original order dismissing the eviction remains in effect.