Eccleston Place v Perciasepe

Tenant wins · Toronto · 2024-10-25

Adjudicator

Vicky Liu

Dispute

Unauthorized Occupancy

Landlord

E.P.

Tenant

F.P.

Landlord rep

Lana Jume, Ted Slightham, Catherine Salgado

Tenant rep

Barrington Lue Sang

What happened

Eccleston Place (the 'Landlord') applied for an order to terminate the tenancy of Frank Perciasepe (the 'Tenant') and evict Jonathan Perciasepe and Elyse Perciasepe (the 'Unauthorized Occupants') because the Tenant transferred occupancy of the rental unit to the Unauthorized Occupants without the Landlord's consent. The Landlord also applied for compensation by the Unauthorized Occupants for the use of the rental unit.

The ruling

The Landlord's application is dismissed as the Landlord filed the application outside of the 60-day limitation period under section 100(2) of the Act. The Board found that the Landlord knew or ought to have known the tenancy transferred on September 1, 2010 when the Tenant signed a lease for another unit, and the rental unit is deemed to be an assignment under section 104(4) of the Act.