Pergos Developments v Wayne

Tenant wins · Toronto · 2021-04-14

Adjudicator

Alex Brkic

Dispute

Unauthorized Occupancy

Landlord

Pergos Developments

Tenant

K.W.

Landlord rep

Nick Anagnostopoulos

Tenant rep

Jeffrey Wayne

What happened

Landlord applied to terminate the tenancy and evict the Tenant for transferring occupancy of the rental unit to another person without the Landlord's consent. The Tenant was working in the US and had the Occupant move into the unit, but continued to pay rent regularly.

The ruling

The Landlord's A2 application to terminate the tenancy and evict the Tenant was dismissed. The Tenant did not unlawfully transfer the tenancy to the Occupant, and the tenancy between the Landlord and Tenant remains in effect.