Amiraco Properties Inc v Spells

Tenant wins · Windsor · 2024-06-27

Adjudicator

Benjamin Seigel

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Amiraco Properties Inc

Tenant

L.S.

Landlord rep

Charlotte Williams

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant vacated the rental unit on April 30, 2024, prior to the hearing date.

The ruling

The tenancy was terminated as of December 25, 2023 pursuant to the N4 Notice. The Landlord is prohibited from collecting any rent from the Tenant after April 30, 2024, the date the Tenant vacated the unit. The Landlord failed to mitigate their losses by not attempting to re-rent the unit for May 1, 2024. The Tenant owes $680.44 in rent arrears, but the Landlord owes the Tenant $258.21 for the rent deposit and interest.