Nykyforuk v Agborndip

Tenant wins · Toronto · 2025-06-10

Adjudicator

Inderdeep Padda

Dispute

Sublet, Unauthorized Occupancy

Landlord

L.N., I.N.

Tenant

A.A., A.A.

Landlord rep

Carey Depass

What happened

The Landlords filed an application to terminate the tenancy and evict the Tenants and an Unauthorized Occupant, alleging an unauthorized sublet. The Landlords also sought compensation from the Unauthorized Occupant. The Tenants and Unauthorized Occupant did not attend the hearing.

The ruling

The Landlords' application to terminate the tenancy due to an alleged unauthorized transfer of occupancy was dismissed. The adjudicator found that the Landlords failed to provide sufficient evidence to prove that the Tenants had actually vacated the rental unit and transferred control to the Unauthorized Occupant. Consequently, no eviction or monetary order was issued.