Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
$1,189
to Landlord
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Citation: Chen v Vardy, 2016 CanLII 78254 (ON SCSM)
File Number: 1464/15
Tenancy End Date
Apr 2015
Hearing Date
Nov 2016
Order Date
Nov 9, 2016
The court granted judgment to the Landlords for the admitted amount of $1,188.69 plus prejudgment interest for utilities owed up to April 30, 2015. The remainder of the Landlords' claim was dismissed due to their breach of the lease terms by interfering with the Tenants' subletting rights.
Landlords sued Tenants for $6,000 in rent and $909 in utilities for May through August 2015 after Tenants vacated the property on April 30, 2015. The dispute arose from issues with subletting and the presence of Landlord's girlfriend in the shared living space.
Landlords claimed that Tenants owed $6,000 in rent and $909 in utilities for May through August 2015.
Landlord allowed his girlfriend to stay with him about three nights a week starting in about March 2015, increasing the number of people using the shared spaces.
Landlord interfered with Tenants' right to sublet by giving permission for a dog against Tenants' wishes. Landlord also allowed his girlfriend to stay over frequently, increasing tension in shared living spaces.
Tenants argued that they were entitled to sublet the third upstairs bedroom and that Landlord interfered with this right.
Tenants moved out on April 30, 2015, giving notice to Landlord on the same day.
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Other Amount
$1,189
utilities owed up to April 30, 2015
Ordered Amount
$1,189 (to Landlord)
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