Tenant Wins Assignment Dispute: Hunter v Green 2024
Thorold tenant wins $605 in lease assignment dispute with landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
216 Taylor Street, Thorold, ON L2V1C3
Decision in favor of
tenant
Balance Owed to Tenant
$605
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2024
Tenancy End Date
Feb 2024
Hearing Date
Aug 2024
Order Date
Aug 27, 2024
Dispute Summary
The tenant applied for an order determining that the landlord arbitrarily or unreasonably withheld consent to the assignment or sublet of the rental unit. The tenant requested an early termination of the lease for personal medical reasons, and the landlord proposed subletting or a lease buyout. The tenant found a potential subtenant, but the landlord refused to approve the assignment, so the tenant served an N9 notice to end the tenancy.
Determinations
- Lease commenced on 2023-09-05 and was to run to 2024-04-30
- Rent was $1,050
- Tenant requested early termination on 2023-11-20 for personal medical reasons
- Landlord proposed subletting or lease buyout, tenant agreed with sublet
- Tenant found potential subtenant, landlord refused to approve assignment
- Tenant served N9 notice to end tenancy on 2024-01-14, effective 2024-02-13
- Tenant vacated on 2024-02-13, landlord owes $552 for unused rent deposit
Decision Summary
The tenancy terminated on February 13, 2024 when the tenant vacated the unit. The landlord is ordered to pay the tenant $605, which includes a $552 rent abatement for the unused portion of the rent deposit and the $53 application fee. If the landlord does not pay the full amount by September 7, 2024, the landlord will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Lawful Rent
$1,050
Application Fee
$53
Rent Deposit
$1,050
Total Owing
$605 (Owed to Tenant)
Source
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