Landlord Wins Sublet Dispute: FV and SY v RG 2020
Landlord wins sublet dispute with tenants in Newmarket, tenants' application dismissed
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Apr 2019
Tenancy End Date
Aug 2019
Hearing Date
Feb 2020
Order Date
Mar 20, 2020
Dispute Summary
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.
Determinations
- Tenants moved in on 2018-08-07 for 1-year term at $1,750/month rent
- Tenants vacated unit within a week of SY's father's death on 2019-04-09
- Tenants communicated with Landlord's agent on 2019-04-16 about subletting
- Landlord's agent responded on 2019-04-18 requesting more information
- Landlord's agent approved potential subletter on 2019-04-29
- Tenants continued to propose subletters, Landlord's agent responded
- Landlord's agent proposed new 1-year lease at $1,950/month on 2019-05-01
- Tenants served N9 notice on 2019-05-29 for termination on 2019-08-06
- Tenants paid rent until 2019-08-06 end of lease term
Case Study
The Landlord did not unreasonably refuse consent to the assignment, but took longer than the 7 days required under the Act to respond. The Tenants had the option to terminate the tenancy 30 days after the Landlord's delayed response, but instead chose to serve an N9 notice terminating the tenancy at the end of the lease term. The Tenants cannot now seek a different remedy than the one they already exercised.
Arguments and Actions
Landlord
Arguments
Landlord argued Tenants were not the actual occupants of the unit, and that the Landlord was entitled to review subletter candidates thoroughly.
Actions
Landlord's agent responded promptly to Tenants' requests, reviewed proposed subletters, and eventually proposed a new 1-year lease.
Tenant
Arguments
Tenants argued Landlord unreasonably refused to allow subletting.
Actions
Tenants vacated unit within a week of SY's father's death, communicated with Landlord's agent about subletting, and proposed multiple subletter candidates.
Procedural Errors
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$1,750
Source
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