940412 Ontario Ltd v Yuhasz
Tenant wins · Brantford · 2022-03-01
- Adjudicator
- Diane Wade
- Dispute
- Unauthorized Occupancy
- Landlord
- 940412 Ontario Ltd, Hannah Property Management Ltd.
- Tenant
- H.Y.
- Landlord rep
- Jackie Struthers
- Tenant rep
- Jordan Niewhoff
What happened
Landlords applied for an order to terminate the tenancy and evict Tenant, claiming unauthorized occupancy. The Landlords argued that the Tenant and his partner were not legal tenants but merely occupants after the passing of the original tenant, Lillian Balazas. The Tenant claimed they had an implied tenancy agreement based on conversations with the previous superintendent.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant was dismissed. The Board found that an implied tenancy existed between the Landlords and Howard Yuhasz and Tammy Joudrey, considering them as Tenants under the Act. This decision was based on evidence of interactions with the Landlord, testimonies about conversations with the previous superintendent, and the Tenant's right to rely on representations made by the previous Landlord's agent.