Evictly

Leung v Taillon

Tenant wins · Oakville · 2025-11-21

Adjudicator
Rachel Gibbons
Dispute
Abandonment
Landlord
D.L.
Tenant
P.T.
Landlord rep
Sarah Teal

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant based on the belief that the unit had been abandoned. The Landlord inspected the unit in November 2024 and found it mostly empty of furniture. However, the Tenant subsequently contacted the Landlord in December 2024, returned to the unit, and made a partial rent payment for January 2025. The Landlord was unsure if the Tenant had moved back in but acknowledged recent communications.

The ruling

The Landlord's application to terminate the tenancy due to abandonment was dismissed. The Board found that while the unit appeared empty at one point, the Tenant's subsequent return, communication, and rent payment demonstrated that the unit was not abandoned.