S Four Inc. v Paolini

Landlord wins · Kitchener · 2025-06-30

Adjudicator

Diane Wade

Dispute

Tenant-initiated Termination, Unauthorized Occupancy

Notice

Tenant's Notice to End the Tenancy (N9)

Landlord

S Four Inc.

Tenant

B.P.

Landlord rep

Tammy Straus, Peter Schroeder

Tenant rep

Joanne Hergott, Vanessa Smith

What happened

A potential party, who was an unauthorized occupant, requested a review of an ex-parte eviction order. The original order was granted to the Landlord after the Tenant's Power of Attorney submitted a notice to terminate the tenancy (N9), but the unit was not vacated. The potential party argued he should be considered a tenant because he paid rent directly to the Landlord and lived in the unit after the original Tenant moved to a nursing home. The Board denied the review, finding the potential party was not a tenant as the Landlord was unaware of his occupancy for over a year and never treated him as such. The eviction order was upheld.

The ruling

The Potential Party's request to review the eviction order is denied. The Board confirmed the original order, finding that the Potential Party was an unauthorized occupant and not a tenant. The notice of termination given by the original Tenant's Power of Attorney was valid. The stay on the eviction order is lifted immediately.