Order under Section 100

Residential Tenancies Act, 2006

File Number: TNL-16375-11

2011 CanLII 34394 (ON LTB)

HPA (the 'Landlord') applied for an order to terminate the tenancy of (EA) and (IK) (the 'Tenants’),
because the Landlord did not consent to the assignment or sublet and for compensation from,
(AC), the unauthorized occupant for the use of the rental unit as of the date the Landlord
discovered the unauthorized occupancy.

This application was heard in Toronto on May 5, 2011.

The Landlord’s representative, (DR), the Tenant, and the unauthorized occupant, (AC), attended
the hearing. Also in attendance were (JA), and (RM), employees of the Landlord.

Determinations:

1. The Tenants no longer have a connection with the rental unit in anything by a tangential
sense, except perhaps to visit the family members that they have left in possession the
rental unit.

2. AC, who is a relative of EA, is residing in the rental unit with his wife and young child. He
wishes to have the lease transferred to his name, and will not pay rent to the Landlord
until the lease is transferred to his name, and the Landlord submitted that no rent has
been paid for February, March, April, and May, 2011. The parties are aware that this is
not an arrears application, however, and that I cannot make findings regarding arrears of
rent. This is only relevant to show that the AC has been attempting to put himself in the
position of tenant instead of the original Tenants.

3. The Landlord has not consented to the assignment or sublet of the tenancy to AC. Any
lease entered into by parties must be voluntary on both parties’ part.

4. The Tenants sent a letter to the Landlord, dated March 9, 2011 and marked received by
the Landlord on March 10, 2011 to the effect that he is vacating the rental unit as of
March 18, 2011, as will be his family members.

5. The Tenant therefore transferred the occupancy of the rental unit to AC, (hereinafter
called the 'Unauthorized Occupant') in a manner that was not authorized by the
Residential Tenancies Act, 2006 (the 'Act'). The Landlord did not enter into a tenancy
agreement with this person.

6. The Unauthorized Occupant was in possession of the rental unit on the date the
application was filed.

7. The Landlord is entitled to compensation for the use and occupation of the rental unit by
the Unauthorized Occupant as of the date of discovery, which was March 9, 2011. The
monthly rent for the unit is $1,142.95. The daily occupancy rate is therefore $37.58.
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 File Number: TNL-16375-11

Pursuant to subsection 100(3) of the Act, a Landlord may apply for an order for payment
of compensation by the unauthorized occupant for the use and occupation of the rental
unit, if the unauthorized is in possession of the rental unit at the time that the application
is made.

2011 CanLII 34394 (ON LTB)

8. Although AC is not a Tenant, I find that I do have some residual discretion to contemplate
relief from eviction, particularly because he has a one year old child residing with him.
AC submitted that he would be able to move in with a family member is about 10 to 20
days. I have therefore considered all of the disclosed circumstances in accordance with
subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would
not be unfair to postpone the eviction until May 26, 2011, pursuant to subsection 83(1)(b)
of the Act. However, this relief will be balanced by the imposition of an early filing clause
(with the order not to be actually enforced until May 27, 2011). The parties were informed
of this timeframe and these conditions at the hearing.

It is ordered that:

1. The tenancy between the Landlord and the Tenants was terminated as of March 9, 2011.

2. The Unauthorized Occupant shall move out of the rental unit on or before May 26, 2011.

3. The Unauthorized Occupant shall pay to the Landlord $2,217.22, which represents
compensation for the use of the unit from March 9, 2011 to May 6, 2011.

4. The Unauthorized Occupant shall also pay to the Landlord $37.58 per day for
compensation for the use of the unit from May 7, 2011 to the date they move out of the
unit.

5. The Unauthorized Occupant shall also pay the Landlord $170.00 for the cost of filing the
application.

6. The Unauthorized Occupant shall pay the Landlord the full amount owing by May 26,
2011.

7. If the Unauthorized Occupant does not pay the Landlord the full amount owing by May
26, 201, he will owe interest. This will be simple interest calculated from May 27, 2011 at
3.00% on the outstanding balance.

8. The Landlord may file this order with the Court Enforcement Office (the Sheriff)
immediately upon receipt of this order, but the order may not be enforced until May 27,
2011.

9. Pursuant to paragraph 7 hereof, upon receipt of this order, the Court Enforcement Office
(Sheriff) is directed to give vacant possession of the unit to the Landlord on or after May
27, 2011.

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 File Number: TNL-16375-11

May 6, 2011 _______________________

Date Issued Joseph Berkovits
Member, Landlord and Tenant Board

Toronto North-RO

2011 CanLII 34394 (ON LTB)

47 Sheppard Avenue East, Suite 700, 7th Floor
Toronto ON M2N5X5

If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.

In accordance with section 81 of the Act, the part of this order relating to the eviction expires on
November 27, 2011 if the order has not been filed on or before this date with the Court
Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located.

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