Landlord Cancels Contract (Ontario)

Question:

Tenant applies to a rental owned and/or managed by a rental management company. Tenant is accepted, lease signed, deposit remitted and accepted. Tenancy due to begin August 1, 20xx.

Later, Management company calls tenant and says they are returning the deposit, the lease is off, because the current tenant has changed his mind and decided to stay.

The Landlord and Tenant Board (LTB) says they won’t help the new tenant, because he’s not currently a tenant.

Answer:

The Tenant still has remedies; it’s just that you are in the wrong Forum.

This is a breach of contract and the Landlord would owe the Tenant compensation based upon the breach. That falls within the jurisdiction of the Small Claims Court not the Landlord and Tenant Board.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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