Last updated: September 12, 2024
Ordered by Peter Nicholson,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$0
Agree with the ruling?
Citation: WCPT: Georgian Inc. DBA: Foundry Georgian v Sisalith, 2023 ONLTB 62602
File Number: LTB-L-070206-22
Application Date
Nov 2022
Hearing Date
Aug 2023
Order Date
Sep 20, 2023
The Landlord's application is dismissed. There are no rent arrears owing.
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant raised a preliminary issue that she was not in possession of the rental unit at the time the application was filed, and the Landlord should have filed an L10 application instead of an L1 application.
Tenant should be liable for rent arrears up to the end of the fixed term lease.
Landlord failed to take reasonable steps to mitigate losses by re-renting the unit.
Tenant vacated the rental unit in September 2022 and provided the Landlord with potential sublets.
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