Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 98, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Agbebiyi v O, 2024 ONLTB 73853
File Number: LTB-T-097716-23
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Oct 9, 2024
The Tenant's application is dismissed. The Landlord's refusal to allow the sublet was not arbitrary or unreasonable, and the Tenant violated the Act by collecting more rent from subtenants than he paid to the Landlord.
Tenant applied for an order determining that Landlord arbitrarily or unreasonably withheld consent to the assignment or sublet of the rental unit to a potential assignee or subtenant. The Tenant moved out of the unit temporarily to Quebec and sublet the unit, but the Landlord only approved one subtenant. The Tenant also collected more rent from the subtenants than he paid to the Landlord.
Landlord submits that only one approval was granted for a subtenant, and that the Tenant's actions of taking on a new lease while maintaining the lease with the Landlord give rise to further suspicions of the Tenant's intentions.
Landlord refused the subtenancy request in November 2023 on the basis that they became aware the Tenant had returned to Ontario and attempted to sublet the unit for a profit while taking on a lease at another property.
Tenant believes he is justified in collecting more rent than paid to the Landlord because "additional charges were for the use of these furnishings, which is a common practice and not a violation of rental laws."
Tenant sublet one of the rooms he occupied while residing in Quebec, and collected $2,600 in rent from the subtenants.
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