Landlord Wins Eviction Case Against Subletters: Bumra v Newman
LTB Upholds Landlord's Eviction of Subletters in Bumra v Newman
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 579 Albert Street, Waterloo, ON N2L0G7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Feb 14, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after the subtenancy agreement ended on August 31, 2021, and the Tenants did not vacate the rental unit by December 15, 2021, the date of the hearing.
Determinations
- Landlord has a tenancy agreement with Accomud8, and Tenants are subletters
- Landlord presented a payment plan for the arrears to the Tenants
- Parties entered into a subtenancy agreement ending August 31, 2021
- Significant rent arrears
- Tenants did not vacate the rental unit by December 15, 2021
- Tenants made no payments after Landlord filed the application
- Tenants' refusal to vacate and pay rent caused prejudice to the Landlord
Case Study
The hearing Member correctly identified and applied section 99 of the Residential Tenancies Act, which allows the landlord to apply for an order terminating the tenancy and evicting the tenant for non-payment of rent. The Tenants' request for review did not identify a serious error in the order or the proceedings.
Arguments and Actions
Landlord
Actions
Landlord presented a payment plan for the arrears to the Tenants.
Tenant
Arguments
Tenants claim the Landlord has no intention of moving back into the rental unit and that Accomud8 was willing to do a lease takeover but is now refusing.
Actions
Tenants did not vacate the rental unit by December 15, 2021, the date of the hearing.
Decision Summary
The request to review the order HOL-11966-21 issued on January 14, 2022 is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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Financial Details
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