Refusal to Assign or Sublet Tenancy (LTB)
Residential Tenancies Act, 2006, S.O. 2006, c. 17
95 (4) A tenant may give the landlord a notice of termination under section 96 within 30 days after the date a request is made if,
- (a) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord refuses consent;
- (b) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord does not respond within seven days after the request is made;
- (c) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord refuses consent to the assignment under clause (3) (c); or
- (d) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord does not respond within seven days after the request is made. 2006, c. 17, s. 95 (4).
96 (1) A tenant may give notice of termination of a tenancy if the circumstances set out in subsection 95 (4) apply.
98 (1) A tenant or former tenant of a rental unit may apply to the Board for an order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant.
- (2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred. 2006, c. 17, s. 98 (2).
- (3) If the Board determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application under subsection (1), the Board may do one or more of the following:
- 1. Order that the assignment or sublet is authorized.
- 2. Where appropriate, by order authorize another assignment or sublet proposed by the tenant.
- 3. Order that the tenancy be terminated.
- 4. Order an abatement of the tenant’s or former tenant’s rent. 2006, c. 17, s. 98 (3).
- (4) The Board may establish terms and conditions of the assignment or sublet. 2006, c. 17, s. 98 (4).
- (5) If an order is made under paragraph 1 or 2 of subsection (3), the assignment or sublet shall have the same legal effect as if the landlord had consented to it. 2006, c. 17, s. 98 (5).
EAT-61174-16 (Re), 2017 CanLII 49011 (ON LTB)
1. KW indicated that she signed the lease as a guarantor. The rental unit was occupied by her son, M. W. (MW). The lease was for the period of April 1, 2016 to March 31, 2017 at an amount of $1,000 per month. The rental unit is a basement suite in a house, of which the main portion is occupied by the Landlord and his family. The Tenants paid a last month’s rent deposit and provided the Landlord with postdated monthly rent cheques for every month up to and including February 2017.
