Nhouyvanisvong v Chin

Landlord wins · Richmond Hill · 2021-11-23

Adjudicator

Vladimir Nikitin

Dispute

Illegal Collection Of Money, Illegal Entry, Maintenance

Landlord

C.C.

Tenant

S.N., S.Q.

Landlord rep

Vitali Luchko

Tenant rep

Shannon Quinn-Charron

What happened

Tenants applied for orders regarding illegal collection of money, illegal entry, and failure to meet maintenance obligations. The landlord requested an adjournment, which was denied. The tenancy commenced on April 6, 2020 but the tenants never occupied the unit and returned the keys on April 9, 2020.

The ruling

The tenants' applications are dismissed. The tenancy commenced on April 6, 2020 when the tenants took possession of the unit, even though they never occupied it. The tenants were not entitled to unilaterally terminate the tenancy by returning the keys, and the landlord acted reasonably to mitigate his losses.