Failed to Vacate on Notice (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-10-04
CLNP Page ID:	1930
Page Categories:	[Interference of Reasonable Enjoyment (LTB)]
Citation:	Failed to Vacate on Notice (RTA), CLNP 1930, <7X>, retrieved on 2024-10-04
Editor:	Sharvey
Last Updated:	2022/06/22

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PE Real Estate v. Kelly 2021 ONSC 4661

[28] The tenants submit the deputy judge committed an error in law in concluding that the landlord had a cause of action arising from the tenants' failure to vacate the premises prior to the original termination date of July 31, 2018.

[29] The landlord argues that by overstaying the July 31, 2018 notice of termination date (and the August 4, 2018 closing date) for the sale of the subject property, the tenants caused the landlord to breach the agreement of purchase and sale. As a result, the tenants are liable for damages to compensate the landlord for the costs incurred to extend the closing date.

[30] Further, the landlord submits that whiles. 43(2)(c) gives a tenant an unqualified right to dispute an eviction hearing at the L TB, that right does not mean they were in lawful possession on July 31, 2018, or on August 4, 2018.

[31] I find that the deputy judge erred in law in concluding the landlord had a cause of action.

[32] The RTA sets out a complete code dealing with the termination of a tenancy. Section 49(1) of the RTA provides for an eviction mechanism when a landlord is required to terminate a tenancy as a result of a sale to a purchaser who, in good faith, requires possession of the leased property for their own occupation.

[33] It was an enor to attribute responsibility (and by extension legal liability) to the tenants as a result of the landlord having to extend the closing date of the transaction for several reasons.

[34] The agreement of purchase and sale was made between the landlord and the purchaser. In no way did that agreement create any legal obligation on the tenant.

[35] Only the landlord could trigger a hearing before the LTB to effect an eviction.

[36] A tenant with a notice to vacate has the right to either vacate in accordance with the notice or challenge the eviction. If a tenant does not vacate (like in this case), the landlord has a statutory right to make an application for an eviction order under s. 43(1) ands. 69(1) of the RTA. Once a notice is given, an application can be made by a landlord to the LTB at any time for an eviction hearing.

[37] In this case, the landlord could have made such an application at any time after May 31, 2018. However, the landlord made the application on July 31, 2018.