11/27/2018
Topic:
What is this resident's status before the LTB?
CLAS
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Hello,
I am assisting a resident (who I will call Sam) in a fairly unique living situation.
Sam is very low income and has bounced from place to place for years.
At one point, Sam was given permission from a friend to live with them until Sam could find a place of his own.
This friend (tenant) has an active tenancy agreement with their landlord (LL). Sam and the tenant worked out a deal between them that Sam would pay a small amount of rent to the tenant in exchange for his place to stay. However, no formal contract was signed between the tenant and Sam outlining the details of the arrangement.
Sam ended up staying at this residence for upwards of four years. There are facts to indicate that the LL knew that Sam was residing in the unit. Neither the LL nor the tenant ever pursued applications to evict Sam at any point.
Over the course of his stay, Sam experienced a number of maintenance issues with the unit. He has submitted a claim with the LTB for the LL's failure to complete repairs, maintain the apartment, as well as for various harassment claims.
My question is whether Sam has the ability to pursue recourse through the LTB.
Specifically, I am wondering if Sam is likely going to be regarded as a) tenant b) subtenant c) assignee (deemed or otherwise) or d) an unauthorized occupant.
Thank you for your insight!
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