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Eviction Order for Unauthorized Occupancy and Compensation

LTB Order for Justin Desaulniers and Louanne Desaulniers vs Tom Cunningham

Case Timeline

Application Date: July 27, 2022
Hearing Date: March 3, 2023
Order Issued: March 10, 2023
Termination Date: August 22, 2022
Eviction Deadline: March 21, 2023

Case Overview

Case Number: LTB-L-042410-22
Address: 2-25 Louise Street, Tilbury, ON N0P2L0
Form Used: A2 application
Served By: LTB
Amount Awarded: $5,635.08
Decision In Favor: Landlord
Application Type: Eviction for unauthorized occupancy and compensation for use of rental unit
RTA Sections: Section 100, Section 104, Section 83

Parties Involved

Landlord: Justin Desaulniers, Louanne Desaulniers
Landlord Rep: Self Represented
Tenant: Tom Cunningham
Tenant Rep: Not represented
Adjudicator: Not specified
Keywords: unauthorized occupancy, eviction, compensation, amendment request, videoconference

Decision Summary

Tenancy terminated as of August 22, 2022.
Occupant ordered to vacate by March 21, 2023.
Occupant to pay daily compensation and application costs.

Dispute Summary

Tenant transferred occupancy to Occupant without Landlord's consent.
Landlords discovered Occupant during lock change after Tenant's death.

Findings & Determinations

Tenant's death led to unauthorized occupancy by Occupant.
No tenancy agreement was entered with Occupant.
Landlords entitled to daily compensation from Occupant.

Summary Points

Landlords applied for eviction due to unauthorized transfer of occupancy.
Landlords also sought compensation for use of rental unit.
Hearing proceeded in absence of Tenant and Occupant.
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