Raza v Meyer
Tenant wins · Orillia · 2025-08-29
- Adjudicator
- Mayra Sawicki
- Dispute
- Abandonment
- Landlord
- A.R., S.D.
- Tenant
- T.M.
What happened
The Landlords applied for an order to terminate the tenancy, alleging that the Tenant had abandoned the rental unit. The Landlords based this belief on the fact that the Tenant had been incarcerated since November 2024, reports of the Tenant's brother removing items from the unit, and the discovery of dumped items outside. The Tenant contested the application, stating he never intended to abandon the unit and was simply unable to occupy it due to his incarceration. The Tenant returned to the unit upon his release shortly before the hearing.
The ruling
The Landlords' application to terminate the tenancy based on abandonment was dismissed. The Board found that the Tenant's absence due to incarceration did not equate to abandonment, especially as the Tenant had resumed possession of the unit prior to the hearing. The Landlords remain at liberty to file separate applications regarding rent arrears or conduct.