Landlord Loses Eviction Case Due to Lack of Jurisdiction - D.d. Acquisitions Partnership v Mcgowan
Landlord's eviction application dismissed due to lack of jurisdiction, as tenant had already vacated the rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 117 Emerald Street S, Hamilton, ON L8N2V4
Decision in favor of
neither
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2020
Hearing Date
Jun 2021
Order Date
Dec 14, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The application was heard over two dates, and the key issue was whether the Tenant was still in possession of the rental unit when the application was filed.
Determinations
- Landlord's application filed on November 7, 2020
- Tenant vacated rental unit before September 1, 2021
- Tenant testified she vacated on October 31, 2020
- Tenant communicated intent to vacate by October 30, 2020
- Landlord did not prove Tenant was in possession on November 7, 2020
- Tribunal lacks jurisdiction as application not filed properly
Case Study
The Landlord's application was dismissed because the Landlord failed to prove that the Tenant was in possession of the rental unit when the application was filed. The Tenant testified that she vacated the unit on October 31, 2020 and the Landlord did not provide sufficient evidence to rebut this. As a result, the Landlord's application was not filed in accordance with the Residential Tenancies Act, and the Tribunal lacked jurisdiction.
Arguments and Actions
Landlord
Actions
Landlord's Superintendent testified Tenant sent an email indicating intent to move out, but email did not specify Tenant was leaving the unit.
Tenant
Actions
Tenant testified she vacated the rental unit on October 31, 2020 and left the keys in the unit. Tenant also communicated intent to vacate by October 30, 2020.
Decision Summary
The Landlord's application was dismissed because the Landlord failed to prove the Tenant was in possession of the rental unit when the application was filed. The Tribunal lacked jurisdiction to hear the application.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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