Hazelview Properties v Bastien Tramblay: Tenant-initiated Termination Case in Ottawa
Ottawa landlord's eviction of unauthorized occupant denied after tenant-initiated termination
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 2870 Cedarwood Dr, Ottawa, ON K1V8Y5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Mar 22, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant gave notice to terminate the tenancy. The Tenant vacated the rental unit on the agreed date, but an unauthorized occupant remained in the unit.
Determinations
- L3 application not appropriate for evicting unauthorized occupant
- Tenancy terminated effective December 31, 2022
- Tenant gave notice to terminate tenancy on November 2, 2022
- Tenant vacated the rental unit on December 31, 2022
- Unauthorized occupant remained in the unit after Tenant vacated
Case Study
The Landlord's application under section 77 of the Residential Tenancies Act, 2006 was appropriate for terminating the tenancy based on the Tenant's notice. However, it was not the correct application for evicting an unauthorized occupant. The Landlord would need to file a separate A2 application to address the unauthorized occupant issue.
Arguments and Actions
Landlord
Arguments
Landlord requested an order terminating the tenancy with a sheriff clause ordering the occupant to be evicted from the rental unit.
Actions
Landlord discovered that the occupant was still residing in the rental unit during the first week of January 2023.
Procedural Errors
Landlord filed an L3 application instead of an A2 application to address the unauthorized occupant issue.
Tenant
Actions
Tenant vacated the rental unit on December 31, 2022, as per the N9 notice. Tenant testified that upon vacating, she asked the occupant to leave the unit, but he refused.
Decision Summary
The tenancy between the Landlord and Tenant is terminated as of December 31, 2022, the day the Tenant vacated the rental unit. The Landlord's request for an order evicting the unauthorized occupant is denied, as the L3 application is not the appropriate application for this purpose.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
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