Margolin v Aviram

Tenant wins · Toronto · 2024-09-26

Adjudicator

Trish Carson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

E.M., O.M.

Tenant

Y.A., A.A.

Landlord rep

Michelle Mont

Tenant rep

Eric Steiman, David Ciobotaru

What happened

Landlords applied for an order requiring Tenants to pay the rent that the Tenants owe. The Tenants had provided a N9 notice to end the tenancy on December 31, 2021, but the Landlords asserted that the termination date should be August 31, 2022, as per the original lease agreement. The Tenants tried to assign the lease to a potential assignee, but the Landlords refused to allow the assignment to continue past August 31, 2022, which the Tenants argued was an unreasonable refusal.

The ruling

The Landlords' L9 application is dismissed. The tenancy terminated by operation of law on December 31, 2021 as the Tenants had the right to provide 30 days' notice to terminate the tenancy after the Landlords unreasonably refused to allow the Tenants to assign the lease. The last month rent deposit of $5,400 will be applied to the last month of the tenancy.