Tenant Wins Sublet Dispute Against Landlord in Peterborough: Mir Sharifi v Kulla 2024
Peterborough tenant awarded $3048 after landlord unreasonably denied sublet request
Summarized by RentZenLast updated: August 6, 2024
Case Summary
758 Pinewood Drive, Peterborough, ON K9K1L4
Decision in favor of
tenant
Balance Owed to Tenant
$3,048
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Sep 2023
Application Date
Dec 2023
Hearing Date
Feb 2024
Order Date
Feb 22, 2024
Dispute Summary
Tenant applied for an order determining that Landlords arbitrarily or unreasonably withheld consent to the sublet of the rental unit. The Tenant had prepaid rent for the full 6-month term but needed to vacate early, and the Landlords refused to consent to the Tenant's proposed subtenants.
Determinations
- Tenant entered 6-month lease, prepaid rent
- Tenant notified Landlords of need to vacate early
- Landlords refused consent to initial sublet proposal
- Landlords were inaccessible for subsequent sublet applications
- Landlords failed to mitigate termination of tenancy
- Tenant entitled to rent rebate and early termination
Case Study
The Landlords' refusal to consent to the initial set of prospective tenants was not unreasonable due to the short duration of the proposed subtenancy. However, the Landlords' inaccessibility for receipt of applications was unreasonable, amounting to an unreasonable withholding of consent to the prospects presented by the Tenant. The Tenant is entitled to a rental rebate and an order terminating the tenancy in advance of the original termination date.
Arguments and Actions
Tenant
Actions
Tenant returned keys to Landlord in August 2023 and informed Landlord of duty to mitigate.
Decision Summary
The tenancy is terminated as of September 30, 2023. The Landlords shall pay the Tenant $3,048, which includes $2,495 in rent abatement for October 2023, $500 for return of the improperly collected security deposit, and $53 for the cost of filing the application. The Landlords shall pay the full amount by March 4, 2024, or they will owe interest.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
82.9%
Tenant Favorable
13.4%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$2,495
Application Fee
$53
Rent Deposit
$500
Total Owing
$3,048 (Owed to Tenant)
Source
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