753049 Ontario Inc. v Tenants

Tenant wins · Niagara Falls · 2025-08-25

Adjudicator

Mark Melchers

Dispute

Damage to Property, Jurisdiction, Unauthorized Occupant

Landlord

753049 Ontario Inc.

Tenant

U.T.

Landlord rep

Thomas Trombetta

What happened

The Landlord applied for an order to terminate the tenancy and evict the occupants, alleging they caused undue damage and used the premises in a manner inconsistent with residential use. The Landlord's representative testified that unknown individuals had 'taken over' the house, refused to identify themselves, and claimed ownership. The Landlord had no formal agreement with these occupants and suspects they may have been illegally subletted to by a previous occupant who vacated years ago.

The ruling

The application is dismissed. The Landlord and Tenant Board determined it does not have jurisdiction over the matter because the occupants of the property are not considered tenants under the Residential Tenancies Act, 2006. No valid tenancy agreement was proven to exist.