Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Nalmala v Pentz, 2024 ONLTB 85372
File Number: LTB-L-045163-23
Application Date
Oct 2023
Hearing Date
Nov 2024
Order Date
Nov 19, 2024
The landlord's application is dismissed. The Board found that the notice of termination for substantial interference was invalid, as renting out rooms does not constitute substantial interference under the Residential Tenancies Act.
The landlord applied for an order to terminate the tenancy and evict the tenants because the tenants were allegedly renting out rooms on Facebook marketplace without the landlord's permission, which the landlord claimed constituted substantial interference with the landlord's lawful rights. The tenants argued that renting out rooms does not constitute substantial interference under the Residential Tenancies Act.
The Landlord submitted that there is no dispute between the parties that the Tenants are renting out rooms, and that the alleged actions put the Landlord in a precarious position such as in instances where non-payment of rent issues arise, the Landlord's ability to evict all parties residing in the rental unit and the possibility of having to advance other applications to enforce their rights.
The Landlord alleges that the Tenants are renting out rooms on Facebook marketplace, that they did not seek or were provided permission to do so which is contrary to the Residential Tenancies Act, 2006, requested that the Tenants remove the ads, that any rented rooms be vacated immediately, and that the Tenants cease any further attempts to rent out rooms.
The Tenants' representative argued that the notice of termination is invalid because the allegations particularized do not constitute substantial interference within the meaning of the RTA.
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