Stapley v Constaninos Aka Taveras

Tenant wins · Toronto · 2025-07-23

Adjudicator

Colin Elsby

Dispute

Jurisdiction

Landlord

T.S., M.T., A.T., H.T.

Tenant

A.C.A.T.

What happened

The Landlords applied to determine whether the Residential Tenancies Act applies to the current occupant. The occupant, who is the daughter of the previous tenant, remained in the unit after the original tenant vacated. The Landlords failed to apply to evict the occupant within 60 days of becoming aware of the situation, leading to a legal dispute over whether a tenancy was created by operation of law.

The ruling

The Board ruled that the Residential Tenancies Act applies to the occupant. Although she was not an original tenant, the Landlords' failure to file an application within 60 days of her mother moving out resulted in a deemed assignment of the tenancy to her effective March 31, 2022.