Ottawa Community Housing Corporation v Ndira

Landlord wins · Ottawa · 2023-03-30

Adjudicator

Fabio Quattrociocchi

Dispute

Tenant-initiated Termination

Notice

Tenant rights (N11)

Landlord

O.C.H.C.

Tenant

J.L.N., Y.N.

Landlord rep

Laura Clark

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to an agreement to terminate the tenancy. The Tenant vacated the rental unit, but the Tenant's brother, who was not a lawful tenant, refused to vacate the unit.

The ruling

The tenancy between the Landlord and Tenant is terminated as of December 5, 2022, the date the Tenant vacated the rental unit. The Landlord's request to evict the unauthorized occupant, the Tenant's brother, is denied as the L3 application is not the appropriate application to address this issue. The Landlord should file an A2 application to terminate the tenancy and evict the unauthorized occupant.