Last updated: March 30, 2025
Ordered by Kyle McGraw,Tribunals Ontario under Section 100, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$201
to Landlord
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Citation: SK Properties & Development Inc v Baird, 2024 ONLTB 60426
File Number: LTB-L-064569-23
Application Date
Jul 2023
Hearing Date
Jul 2024
Order Date
Aug 30, 2024
Tenancy End Date
Oct 2024
The Landlord's application is granted. The tenancy between the Landlord and the Tenant is terminated. The Unauthorized Occupant shall move out of the rental unit on or before October 31, 2024. If the unit is not vacated by October 31, 2024, the Landlord may file this order with the Court Enforcement Office (the Sheriff) to enforce the eviction. The Tenant shall pay the Landlord $201.00 for the cost of filing the application and the full amount owing by October 31, 2024. If the Tenant does not pay the full amount by October 31, 2024, they will owe interest at 7.00% on the outstanding balance starting November 1, 2024.
The Tenant requested eviction be postponed for 1-2 years to allow time to find another rental unit, but this was not found to be reasonable as the Tenant only sporadically occupies the rental unit and the Unauthorized Occupant maintains another residence.
The Landlord applied for an order to terminate the tenancy of Alexandra Baird (the 'Tenant') and evict Sheila Baird (the 'Unauthorized Occupant') because the Tenant transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent.
The Landlord argued that the evidence and testimony shows the Tenant has transferred occupancy of the rental unit to the Unauthorized Occupant, and the Landlord is entitled to an order terminating the tenancy and evicting the Tenant and Unauthorized Occupant.
The Tenant argued that the rental unit remains the Tenant's home and nothing in the Act precludes part-time residency or a Tenant from having guests or occupants. Alternatively, the Tenant argued that based on the lease agreement, the Unauthorized Occupant is a Tenant.
The Tenant transferred occupancy of the rental unit to the Unauthorized Occupant without the Landlord's consent.
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Application Fee
$201
Ordered Amount
$201 (to Landlord)
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