Centurion Property Associates Inc. v Gillam

Landlord wins · Waterloo · 2025-12-02

Adjudicator

Vladimir Nikitin

Dispute

Tenant-initiated Termination

Notice

Agreement to Terminate (N11)

Landlord

Centurion Property Associates Inc.

Tenant

E.G.

Landlord rep

Jasmyne Khan, Robert Rose

Tenant rep

Talitha Viegas Borges

What happened

The Landlord applied for an order to terminate the tenancy based on a signed N11 agreement. The Tenant had entered into a subtenancy agreement with another individual who later caused behavioral concerns, leading the Tenant and Landlord to agree to end the main tenancy. Although the Tenant moved out and has no possessions in the unit, the subtenant refused to vacate and retained the keys. The Tenant argued the Board lacked jurisdiction because the Tenant was no longer 'in possession' of the unit, but the Board determined that failure to return vacant possession (including keys) allowed the application to proceed.

The ruling

The tenancy is terminated effective immediately. The Tenant is ordered to move out by December 3, 2025. If the unit is not vacated, the Landlord may enforce the eviction through the Sheriff starting December 4, 2025. The Board found that the Tenant's failure to return keys and the presence of a subtenant meant the Landlord was entitled to a formal order to regain control of the property.