Tenants Win Rent Dispute: Yu v Mormah 2024 LTB Case
LTB rules tenants only responsible for rent until September 2022 due to landlord's failure to mitigate losses
Summarized by RentZenLast updated: November 14, 2024
Case Summary
4605 Temperance Street, Toronto, ON M5H0B1
Decision in favor of
tenant
Balance Owed to Landlord
$15,795
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Aug 2021
Tenancy End Date
Sep 2022
Hearing Date
Aug 2024
Order Date
Sep 13, 2024
Dispute Summary
Landlord applied for an order to terminate tenancy and evict Tenants due to non-payment of rent and persistent late payments. Dispute centered around the period of rent responsibility and mitigation of losses.
Determinations
- Tenant responsible for rent until September 1, 2022
- Landlord failed to mitigate losses
- Landlord unreasonably refused keys
- Tenant completed minor repairs
- Rent arrears calculated up to September 1, 2022
Case Study
Board found Tenants responsible for rent only until September 1, 2022, due to Landlord's failure to mitigate losses and unreasonably refusing to accept keys.
Arguments and Actions
Landlord
Arguments
Tenants responsible for rent until keys returned on July 9, 2023
Actions
Listed unit for sale, offered rent discount, refused to accept keys multiple times
Procedural Errors
Failed to mitigate losses, unreasonably refused keys
Aggravating Factors
Unreasonably refused keys, demanded tenants complete repairs
Tenant
Arguments
Responsible for rent only until September 1, 2022, completed repairs as requested
Actions
Tenants attempted to return keys multiple times, completed minor repairs, vacated unit on September 1, 2022
Decision Summary
Tenants ordered to pay $15,794.74 to Landlord, with rent responsibility limited to September 1, 2022. Landlord's L2 application dismissed.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Lawful Rent
$1,550
Rent Arrears
$17,264
Application Fee
$201
Rent Deposit
$1,550
Deposit Interest
$120
Total Owing
$15,795 (Owed to Landlord)
Source
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