Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$2,065
to Tenant
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Citation: Zimet v Chaudhry, 2024 ONLTB 23422
File Number: LTB-T-041201-23
Tenancy End Date
May 2023
Hearing Date
Feb 2024
Order Date
May 6, 2024
The tenancy between the Landlord and the Tenants is terminated as of May 30, 2023 pursuant to the Tenants' N9 Notice of Termination. The Landlord shall pay the Tenants $2,065.46, which represents the rent paid for the period from May 31, 2023 to June 30, 2023 plus an additional $10. If the Landlord does not pay the full amount by May 17, 2024, the Landlord will owe interest at 7% annually on the outstanding balance.
Tenants applied for an order determining that the Landlord arbitrarily or unreasonably withheld consent to the assignment or sublet of the rental unit. The Tenants decided not to move into the rental unit and requested the Landlord's consent to assign the lease or terminate the tenancy. The Landlord refused to consent to the assignment and did not agree to terminate the tenancy. The Tenants then gave the Landlord a N9 Notice of Termination with the termination date of May 30, 2023. The Tenants also requested the Landlord's consent to sublet the rental unit for May 2023, but the Landlord did not consent.
Landlord refused consent to assign the tenancy and did not agree to terminate the tenancy. Landlord showed the unit to several candidates but was unable to agree on terms, and eventually re-rented the unit effective June 15, 2023.
Landlord failed to mitigate the Tenants' losses by not re-renting the unit for May 2023 when there were interested candidates.
Tenants decided not to move into the rental unit and requested the Landlord's consent to assign the lease or terminate the tenancy. Tenants provided the Landlord with a list of over 80 interested candidates to rent the unit for May 2023.
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Lawful Rent
$1,990
Rent Deposit
$3,980
Deposit Interest
$10
Ordered Amount
$2,065 (to Tenant)
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