LTB Order LTB-L-068438-22

Order under Section 100, 2023 ONLTB 50529 (CanLII) Residential Tenancies Act, 2006 Citation: Summit Properties Inc. v O’ N., 2023 ONLTB 50529 Date: 2023-07-20 File Number: LTB-L-068438-22 In T. matter of: 1010, 740 PROUDFOOT LANE LONDON ON N6H5H2 Between: Summit Properties Inc. Landlord And T.E.O.T.O.N. Tenant And Jeremy O' N. Unauthorized Occupant Summit Properties Inc. (T. 'Landlord') applied for an order to terminate T. tenancy of T. O’ N. (T. 'Tenant') and evict Jeremy O’ N. (T. 'Unauthorized Occupant') because T. Tenant transferred occupancy of T. rental unit to T. Unauthorized Occupant without T. Landlord’s consent. T. Landlord also applied for compensation by T. Unauthorized Occupant for T. use of T. rental unit. This application was heard by videoconference on June 1, 2023. T. Landlord’s agent, H. Fernandes, T. Landlord’s legal representative, G. Kukor Lang, and T. Tenant’s agent J. O’ N. attended T. hearing. Determinations: 1. T. Tenant died November 1, 2021, however T. unauthorized occupant remained in T. unit for more than 30 days after T. death of T. Tenant. Therefore, in keeping with T. language of section 91 of T. Act, I find that T. tenancy legally terminated on December 1, 2021. Order Page 1 of 3  2. Since T. individual remained in T. unit after December 1, 2021, and therefore I find that T. Tenant transferred occupancy of T. rental unit to T. Unauthorized Occupant in a manner that was not authorized by T. Residential Tenancies Act, 2006 (T. 'Act'). T. Landlord did not enter into a tenancy agreement with this person. 2023 ONLTB 50529 (CanLII) File Number: LTB-L-068438-22 3. T. Unauthorized Occupant was in possession on T. date that T. application was filed. However, T. Unauthorized Occupant vacated T. unit on November 21, 2022. T. Landlord sought daily compensation for T. time period T. Unauthorized Occupant remained in T. rental unit. Daily Compensation 4. T. Landlord is entitled to compensation for T. use and occupation of T. rental unit by T. Unauthorized Occupant. 5. T. Landlord applied T. last months rent deposit to November 2021, which was T. last month of T. tenancy and there was a credit due to an over-payment of rent on T. Tenant’s account which covered T. daily rent for T. period of December 1, 2021 to December 31, 2021. T. Landlord also waved T. daily rent from January 1, 2022 to January 3, 2022. 6. Based on T. monthly rent of $1,282.16, T. daily compensation is $42.15. This amount is calculated as follows: monthly rent x 12 months, divided by 365 days. T. Unauthorized Occupant remained in T. unit for a total of 322 days. 7. T. Unauthorized Occupant did not make any payments towards compensation. 8. T. Unauthorized Occupant owes T. Landlord $13,572.30 in daily compensation for use and occupation of T. rental unit for T. period from January 4, 2022 to November 21, 2022 (T. date T. Unauthorized Occupant moved out of T. rental unit. 9. T. Landlord incurred costs of $201.00 for filing T. application and is entitled to reimbursement of those costs. It is ordered that: 1. T. Unauthorized Occupant shall pay to T. Landlord $13,572.30 which represents daily compensation for use of T. rental unit from January 4, 2022 to November 21, 2022.  2. T. Unauthorized Occupant shall also pay to T. Landlord $201.00 for T. cost of filing T. application. 3. T. total amount T. Unauthorized Occupant owes T. Landlord is $13,773.30. 4. If T. Unauthorized Occupant does not pay T. Landlord T. full amount owing on or before July 31, 2023, T. Tenant will start to owe interest. This will be simple interest calculated 2023 ONLTB 50529 (CanLII) from August 1, 2023 at 6.00% annually on T. balance outstanding. July 20, 2023 ____________________________ Date Issued Curtis Begg Member, Landlord and Tenant Board File Number: LTB-L-068438-22 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.