Karnik v Rashidi

Tenant wins · Toronto · 2025-04-24

Adjudicator

Rema El-Tawil

Dispute

Unauthorized Occupancy

Landlord

P.K., N.K.

Tenant

S.R.

What happened

The Landlords filed an application to terminate the tenancy, alleging the Tenant had transferred occupancy to an Unauthorized Occupant without consent, in violation of section 100 of the RTA. The Landlords' position was that the Tenant was using the unit for short-term rentals (Airbnb). The Tenant acknowledged using the unit for short-term rentals. The application was dismissed because the named Unauthorized Occupant was not in possession of the unit, meaning there was no transfer of occupancy as required for a successful application under section 100.

The ruling

The Landlords' application to terminate the tenancy and evict the Tenant and an Unauthorized Occupant is dismissed. The Board found that there was no evidence of a transfer of occupancy, which is a necessary condition for an order under section 100 of the RTA. The Board suggested the Landlords could pursue other avenues, such as filing a different application for substantial interference, if they believe the Tenant's short-term rental activities violate the tenancy agreement.