Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: FV and SY v RG, 2020 CanLII 31175 (ON LTB)
File Number: TNT-18528-19
Application Date
Apr 2019
Tenancy End Date
Aug 2019
Hearing Date
Feb 2020
Order Date
Mar 20, 2020
The Tenants' application is dismissed. The Landlord did not unreasonably refuse consent to the assignment, but the Tenants chose to serve an N9 notice terminating the tenancy at the end of the lease term rather than invoking their right to terminate 30 days after the Landlord's delayed response.
Tenants applied for an order determining that the Landlord arbitrarily or unreasonably refused to allow them to assign or sublet the rental unit. The Tenants moved out of the unit after the death of SY's father, and sought to sublet the unit but the Landlord delayed in responding and eventually proposed a new one-year lease at a higher rent.
Landlord argued Tenants were not the actual occupants of the unit, and that the Landlord was entitled to review subletter candidates thoroughly.
Landlord's agent responded promptly to Tenants' requests, reviewed proposed subletters, and eventually proposed a new 1-year lease.
Tenants argued Landlord unreasonably refused to allow subletting.
Tenants vacated unit within a week of SY's father's death, communicated with Landlord's agent about subletting, and proposed multiple subletter candidates.
Tenants chose to serve N9 notice terminating tenancy at end of lease term rather than invoking 30-day termination right after Landlord's delayed response.
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