Landlord Wins Illegal Charges Case: Carol King v Blackfriar Management/Capreit
Landlord wins case as tenant failed to provide proper notice to terminate tenancy
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 55 Bridgesburg Drive, Etobicoke, ON M9R2K7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
May 2023
Order Date
May 31, 2023
Dispute Summary
The Tenant applied for an order determining that the Landlord has collected or retained money illegally. The Landlord representative argued that the Tenant's application should be dismissed as it discloses no reasonable cause of action, as the Tenant had failed to provide 60 days' notice to terminate the tenancy as required by the Act, and the Landlord had reasonably mitigated their losses by re-renting the unit.
Determinations
- Tenant's N9 notice was invalid due to lack of 60-day notice
- Landlord reasonably mitigated losses by re-renting unit
- Landlord entitled to apply last month's rent deposit to March 2022
Case Study
The Tenant's N9 notice was not valid because it did not provide 60 days' notice to terminate the tenancy as required by section 44(4) of the Act. The Landlord reasonably mitigated their losses by re-renting the unit on April 1, 2022, and was therefore entitled to apply the last month's rent deposit to the month of March 2022. Although the Tenant claimed the circumstances were stressful, she admitted to reading and signing the N9 notice and should have known the 60-day notice requirement.
Arguments and Actions
Landlord
Arguments
Landlord argued the Tenant's application should be dismissed as it discloses no reasonable cause of action, as the Tenant had failed to provide 60 days' notice to terminate the tenancy as required by the Act, and the Landlord had reasonably mitigated their losses by re-renting the unit.
Tenant
Arguments
Tenant argued she should be entitled to the return of her last month's rent deposit due to the exceptional circumstances.
Actions
Tenant had to vacate the rental unit due to a family emergency and gave the Landlord notice at the earliest date available. Tenant felt coerced into signing the N9 notice.
Procedural Errors
Decision Summary
The Tenant's application is dismissed.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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