Carling Realty Co. Ltd. v Najovits

Tenant wins · Ottawa · 2025-11-13

Adjudicator

Inderdeep Padda

Dispute

Breach of Conditions, Unauthorized Occupancy

Landlord

Carling Realty Co. Ltd.

Tenant

E.N.

Landlord rep

David Lyman

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant and an Unauthorized Occupant (the Tenant's son). The Landlord alleged that the Tenant had transferred occupancy of the unit to his son without the Landlord's consent, violating Section 100 of the Act. The Landlord based this claim on observations by maintenance staff that the Tenant appeared to have moved out and that a toilet in the unit appeared unused.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant's son was dismissed. The Adjudicator found that the Landlord did not provide sufficient evidence to show that the Tenant had transferred control of the unit. The Tenant's continued visits and his role in requesting maintenance indicated he remained in control of the premises, even if he spent significant time at another residence.