Garten v Pyrc

Tenant wins · Etobicoke · 2022-03-02

Adjudicator

Peter Nicholson

Dispute

Unauthorized Occupancy

Landlord

I.G., Mayer Investments Ltd

Tenant

E.S., J.P.

Landlord rep

Richard Fink

Tenant rep

Dan McIntyre

What happened

Landlords applied for an order to terminate the tenancy of Tenant 1 and evict the unauthorized occupant (Tenant 2), and for compensation for the use of the rental unit. Tenant 1 had vacated the unit, and Tenant 2 remained as an occupant. The Landlords argued that Tenant 2 was an unauthorized occupant after Tenant 1's departure.

The ruling

The Landlords' application to terminate the tenancy and evict Tenant 2 was dismissed. The Board considered Tenant 2's long-term occupancy, connection to the building, minimal prejudice to the Landlords, and Tenant 2's personal circumstances in granting relief from eviction under section 83 of the Residential Tenancies Act.