Landlord Wins Rent Arrears Case Against Tenant Who Tried to Assign Lease: Drewlo Holdings Inc. v Jouda 2021
Tenant ordered to pay $4522 in rent arrears and fees after failing to properly assign lease
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 2250 Blackwater Road, London, ON N5X0M6
Decision in favor of
landlord
Balance Owed to Landlord
$4,522
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2020
Order Date
Nov 22, 2021
Dispute Summary
Landlord applied for an order requiring Tenant to pay the rent that the Tenant owes. The Tenant claimed he had an issue under section 82 of the Residential Tenancies Act, 2006 regarding heat and that he had not lived in the rental unit for months prior to the hearing date. The Landlord re-rented the unit as of January 1, 2021.
Determinations
- Tenant owes rent to December 31, 2020
- Tenant owes application filing fee
- Tenant did not take necessary steps for assignment
- Landlord mitigated loss by re-renting unit
- No dispute from Tenant on unpaid rent
Case Study
The Tenant did not take the necessary steps to present the Landlord with a possible assignment of his year lease. This means the Tenant is responsible for the months he was in possession of the rental unit. The Landlord clearly mitigated its loss by re-renting the unit for January 1, 2021 which is a month prior to the Tenant's lease ending.
Arguments and Actions
Landlord
Actions
Landlord re-rented the unit as of January 1, 2021, prior to end of Tenant's lease term.
Tenant
Arguments
Tenant claimed issue with heat under section 82 of the Residential Tenancies Act, 2006.
Actions
Tenant attempted to assign lease to his brother, but did not follow proper procedure. Tenant signed N9 notice to terminate tenancy prior to end of lease term.
Procedural Errors
Tenant did not follow proper procedure to assign lease to his brother.
Decision Summary
The Tenant shall pay the Landlord $4,332.00 in rent arrears up to December 31, 2020 and $190.00 for the cost of filing the application. If the Tenant does not pay the full amount by December 3, 2021, the Tenant will start to owe simple interest at 2.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
283
Landlord Favorable
85.2%
Tenant Favorable
7.8%
Mutual Agreement
7.1%
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Financial Details
Rent Arrears
$4,332
Application Fee
$190
Total Owing
$4,522 (Owed to Landlord)
Source
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