Chapter 15: Additional Grounds for Termination

L3 application used for

agreement to terminate

notice of termination by tenant

L4 Applicaiton is used for

agreement to settle an application with termination in default

previous board order allowing LL to terminate if specified conditions aren’t met

L2 used for

LL’s belief tenant has abandoned unit, unsure if goods are left behind

termination of superintendent’s employment

A2 used for

unauthorized transfer of possession

overholding of subtenant

When tenant has agreed to terminate or gives notice of termination a landlord can

apply to Board before termination date specified

On agreement to terminate/notice to end by tenant order by board will not be effective before

termination date

When applying to the board on an agreement to terminate/notice by tenant, landlord must include

affidavit verifying the agreement or notice of termination

On application based on agreement to terminate, if tenant disagrees with board order terminating tenancy, they can

make a motion to have eviction set aside

must be done within 10 days

Should a tenant make a motion to set aside termination order, board will

hold hearing to determine if tenant gave notice or agreement was reached

If a tenant has not met conditions in an order or mediated settlement, landlord can apply

under s 78 to terminate

To apply for s 78 termination, landlord must include

copy of order/settlement

affidavit setting out conditions that have not been met and how

s 78 application for breach of conditions, landlord may also claim

additional arrears arisen after previous order/settlement

NSF cheque charges

NSF administration charges

compensation for use of rental unit after termination date

If landlord believes tenant has abandoned the unit, landlord may apply for

order terminating tenancy under s 79 (L2)

RTA definition of superintendent’s premises

janitor, manager, security guard, super that is located in the residential complex with respect to which person is employed

Landlord terminates employment of one of the employees defined, when does tenancy terminate

same day as employment termination unless otherwise agreed

Once employment as super, etc is terminated, must vacate the unit

within 7 days after tenancy ends

if employee does not vacate within 7 days, landlord may

apply under s 94

T/F: employee must pay rent during the 7-day period after end of tenancy

false, it is rent-free

If landlord discovers unauthorized occupant and does not file within 60 days of discovering…

there is deemed assignment of unit with consent