Termination (Tenant in Jail): Difference between revisions
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8. The evidence does not indicate whether the Tenant will be incarcerated for a lengthy period of time, during which time it would be reasonable to expect that the Tenant would no longer reside in the unit, but would live elsewhere. Similarly, evidence of the presence of someone else in the unit, who may be in the unit as a guest for a temporary period of time, does not of itself lead me to conclude that the tenancy has been assigned without the Landlord’s consent to this person. | 8. The evidence does not indicate whether the Tenant will be incarcerated for a lengthy period of time, during which time it would be reasonable to expect that the Tenant would no longer reside in the unit, but would live elsewhere. Similarly, evidence of the presence of someone else in the unit, who may be in the unit as a guest for a temporary period of time, does not of itself lead me to conclude that the tenancy has been assigned without the Landlord’s consent to this person. | ||
<u>9. The media articles provided by the Landlord clearly indicate that the Tenant has been convicted of serious crimes and is pending deportation. There is no indication that he will be released and returned to a position where he will be able to resume the tenancy, given that he is pending deportation and will no longer reside in Canada.</u> | |||
10. Unauthorized occupancy occurs when a tenant transfers occupancy of their rental unit to another person without complying with the assignment provisions of section 95 of the Act. <b><u>Under the circumstances where the tenancy agreement has essentially become frustrated and the contract can no longer continue</b></u>, and where the Landlord has not entered into a new agreement/or permitted the Tenant to assign the tenancy, the tenancy has not been assigned in compliance with the Act; and therefore I find that the occupants are unauthorized. | |||
11. For the reasons contained herein, <b><u>the Landlord’s application is allowed.</b></u> | |||
Revision as of 04:39, 26 March 2020
TEL-25281-12 (Re), 2012 CanLII 44865 (ON LTB)
2. The Tenant is incarcerated. The Landlord provided copy of a Canada Border Services Agency media release of April 20, 2012 indicating that police apprended the Tenant on that date and he was in police custody. The release states that the Tenant is inadmissible to Canada “for serious criminality for being convicted of possession of a controlled substance for the purpose of trafficking and obstruction of a peace officer.”
3. The Landlord also provided a news release dated April 21, 2012 in which the Tenant is noted as being listed among the “Top 10 Most Wanted…for being in the country illegally.” The article goes on to state that “D was arrested April 12 after he went underground after failing to show up for deportation.”
8. The evidence does not indicate whether the Tenant will be incarcerated for a lengthy period of time, during which time it would be reasonable to expect that the Tenant would no longer reside in the unit, but would live elsewhere. Similarly, evidence of the presence of someone else in the unit, who may be in the unit as a guest for a temporary period of time, does not of itself lead me to conclude that the tenancy has been assigned without the Landlord’s consent to this person.
9. The media articles provided by the Landlord clearly indicate that the Tenant has been convicted of serious crimes and is pending deportation. There is no indication that he will be released and returned to a position where he will be able to resume the tenancy, given that he is pending deportation and will no longer reside in Canada.
10. Unauthorized occupancy occurs when a tenant transfers occupancy of their rental unit to another person without complying with the assignment provisions of section 95 of the Act. Under the circumstances where the tenancy agreement has essentially become frustrated and the contract can no longer continue, and where the Landlord has not entered into a new agreement/or permitted the Tenant to assign the tenancy, the tenancy has not been assigned in compliance with the Act; and therefore I find that the occupants are unauthorized.
11. For the reasons contained herein, the Landlord’s application is allowed.
