Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 135, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Abdelmegid v Lin, 2024 ONLTB 78728
File Number: LTB-T-028685-24
Hearing Date
Oct 2024
Order Date
Oct 23, 2024
The Tenant's application was dismissed. The Landlord did not illegally retain the rent deposit, as the Tenant's N9 Notice was found to be invalid. The tenancy did not terminate on March 22, 2024 as claimed by the Tenant.
Tenant applied for an order determining that Landlord collected or retained money illegally. The key issue was whether the Tenant's N9 Notice to terminate the tenancy was valid.
Landlord argued there was never a request to assign the lease, and therefore no refusal by the Landlord.
Landlord forwarded condominium management's response to Tenant stating that short-term subletting was not permitted. Landlord made efforts to mitigate by advertising for a new tenant after Tenant vacated.
Tenant argued they were entitled to serve the N9 Notice pursuant to section 96 of the Residential Tenancies Act, 2006 due to the Landlord's refusal to allow assignment of the lease.
Tenant decided they could no longer afford the rental unit and investigated steps to end the lease early. Tenant asked Landlord about subletting and was informed by condominium management that short-term subletting was not permitted.
Tenant's N9 Notice was deficient as it did not provide the required 30 days notice.
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$3,700
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$3,700
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