WCPT: Georgian Inc. DBA: Foundry Georgian v Sisalith - LTB Case Study
Landlord's application for rent arrears and eviction dismissed as Tenant vacated unit and Landlord failed to mitigate losses
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 308 Georgian Dr, Barrie, ON L4M7B7
Decision in favor of
tenant
Balance Owed
$0
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2022
Hearing Date
Aug 2023
Order Date
Sep 20, 2023
Dispute Summary
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.
Determinations
- Tenant raised preliminary issue of not being in possession
- Board has jurisdiction to award rent arrears against former tenants
- Tenant vacated unit in September 2022
- Tenant provided potential sublets, but Landlord failed to re-rent
- Reasonable for Landlord to have re-rented by December 1, 2022
Case Study
The Board has jurisdiction to award rent arrears against tenants no longer in possession at the time the application is filed. While the Landlord filed an L1 application instead of an L10, the substantive claims are identical, and the Tenant had adequate notice. The Tenant testified she vacated the unit in September 2022 and provided the Landlord with potential sublets, but the Landlord failed to re-rent the unit. In the absence of convincing evidence of mitigation efforts, the Board finds it reasonable for the Landlord to have re-rented the unit by December 1, 2022.
Arguments and Actions
Landlord
Arguments
Tenant should be liable for rent arrears up to the end of the fixed term lease.
Tenant
Arguments
Landlord failed to take reasonable steps to mitigate losses by re-renting the unit.
Actions
Tenant vacated the rental unit in September 2022 and provided the Landlord with potential sublets.
Decision Summary
The Landlord's application is dismissed. There are no rent arrears owing.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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