Tenant Wins Sublet Dispute: Zhang v Arcadian Students 2024
Tenant awarded $2330 after LTB finds landlord arbitrarily refused consent to sublet student housing unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, Georgian Drive, Barrie, ON L4M7B7
Decision in favor of
tenant
Balance Owed to Tenant
$2,330
Dispute Categories
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Jan 2023
Hearing Date
Jan 2024
Order Date
Jun 14, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord arbitrarily or unreasonably withheld consent to the assignment or sublet of the rental unit to a potential assignee or subtenant. The Tenant alleged that the Landlord refused to allow the Tenant to sublet the rental unit.
Determinations
- Youwei Feng and Yousheng Zhang were identified as guarantors, not tenants
- Landlord's legal name is WCPT Georgian Inc. DBA: Arcadian Students
- Previous LTB order does not preclude this application under res judicata
- Landlord arbitrarily refused consent to Tenant's sublet request
- Tenant vacated unit on January 18, 2023
Arguments and Actions
Landlord
Arguments
Tenant did not establish Landlord arbitrarily withheld consent, and Tenant did not provide proper sublet request.
Actions
Landlord refused to approve Tenant's potential subtenants, stating the unit was not in their system.
Tenant
Actions
Tenant withdrew from college on January 16, 2023 and vacated the unit on January 18, 2023. Tenant found potential subtenants but Landlord refused to approve them.
Decision Summary
The Landlord arbitrarily refused consent to the Tenant's request to sublet the rental unit. The tenancy is terminated as of January 31, 2023 and the Landlord is ordered to pay the Tenant $2,330 for rent abatement and application filing costs.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Application Fee
$53
Rent Deposit
$759
Total Owing
$2,330 (Owed to Tenant)
Source
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