Landlord claiming N9 is invalid after failing to respond to lease assignment request within 7 days – advice needed!
Hi everyone,
Looking for some perspective on a lease termination issue in Waterloo, Ontario under the RTA.
Timeline & Background:
- July 2026: Signed an Ontario Standard Form of Lease (fixed-term ending August 2027) for a unit at 20 University Ave E, Waterloo. The lease lists "20 University Inc. c/o Asset Maintenance Pros" as the landlord.
- September 28, 2026: I sent an email to site-level management representatives (including our Leasing Manager who executed our lease, Linda, as well as site staff and
leasing@lkapartments.com) formally requesting consent to assign my lease. - October 5, 2026: The statutory 7-day period passed without any response or consent from management.
- October 8, 2026: I served a Form N9 with a 30-day termination date of November 30, 2026, citing Section 95(4) of the RTA (landlord failed to respond to an assignment request within 7 days).
The Landlord's Response Today:
The Leasing & Client Care Manager (Smit ) emailed back acknowledging receipt of the N9, but wrote:
>"We are reviewing the validity of the notice, including the timing and service of your September 28 assignment request, and we reserve the landlord's rights under the RTA. At this time, we are not agreeing to a termination on the timeline proposed. If you wish to discuss an agreed early termination, we can discuss the applicable vacancy loss for the remaining period of the lease... For future correspondence, please use support@assetmpros.com... Email address that you have used is not the Landlord corporation email..."
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My Position & What I Sent Back: I replied citing RTA Section 191(1)(b) (service on an employee/representative exercising authority for the complex) and LTB Rule 3.1 (service on a manager/representative carrying on business at the complex). I noted that sending the request to Linda Conn (the Leasing Manager on the signed lease) and site staff constituted valid service on the landlord, and that their auto-replies confirm receipt. Additionally, Section 3 of our standard lease explicitly checked "YES" for consent to receive documents by email.
Even if they argue technical service issues, RTA Section 191(2) states that an improperly served document is deemed validly served if the contents actually came to the attention of the person within the required timeframe—which Smit's email confirming receipt of the September 28 thread proves.
Questions:
- Does management have any real standing to claim the assignment request was invalid because it was sent to site staff/Leasing Manager rather than
support@assetmpros.com? - Since Smit acknowledged receipt of the N9 and original thread, is Section 191(2) (actual notice) solid here?
- Should I do anything further, or just stick to my November 30 move-out date, return keys, and keep all email records?
Thanks in advance for your insights