Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 87, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$0
to Landlord
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Citation: Margolin v Aviram, 2024 ONLTB 69203
File Number: LTB-L-068048-22
Application Date
Dec 2021
Tenancy End Date
Dec 2021
Hearing Date
Sep 2024
Order Date
Sep 26, 2024
The Landlords' L9 application is dismissed. The tenancy terminated by operation of law on December 31, 2021 as the Tenants had the right to provide 30 days' notice to terminate the tenancy after the Landlords unreasonably refused to allow the Tenants to assign the lease. The last month rent deposit of $5,400 will be applied to the last month of the tenancy.
Landlords applied for an order requiring Tenants to pay the rent that the Tenants owe. The Tenants had provided a N9 notice to end the tenancy on December 31, 2021, but the Landlords asserted that the termination date should be August 31, 2022, as per the original lease agreement. The Tenants tried to assign the lease to a potential assignee, but the Landlords refused to allow the assignment to continue past August 31, 2022, which the Tenants argued was an unreasonable refusal.
Tenancy should have terminated on August 31, 2022 per original lease agreement.
Landlords insisted that any assignment of the lease must terminate on August 31, 2022 as they planned to sell the property.
Landlords unreasonably refused to allow assignment of lease beyond August 31, 2022, which is a violation of the RTA.
Tenants provided N9 notice to terminate tenancy on December 31, 2021.
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Lawful Rent
$5,400
Rent Arrears
$5,400
Rent Deposit
$5,400
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