Lake Promenade Apartments Limited v Fernando

Landlord wins · Etobicoke · 2025-10-06

Adjudicator

Nicole Pedron

Dispute

Non-payment of Rent

Amount

$5-10K

Landlord

Lake Promenade Apartments Limited

Tenant

S.F., M.F.

Landlord rep

Howard Levenson

What happened

The Landlord applied for an order requiring the Tenants to pay rent arrears and NSF charges. The Tenants vacated the rental unit on July 31, 2025, believing their one-year lease had naturally ended. However, the Board found that the Tenants failed to provide the required 60 days' notice to terminate the tenancy. Consequently, the Tenants were held liable for rent until September 30, 2025, as the Landlord was unable to re-rent the unit despite reasonable efforts to mitigate losses.

The ruling

The Tenants are ordered to pay the Landlord $5,042.18 by October 17, 2025. This amount covers rent arrears and compensation up to September 30, 2025, NSF fees, and the application fee, adjusted for the rent deposit and interest. The ruling emphasizes that moving out at the end of a fixed-term lease does not exempt tenants from the statutory 60-day notice requirement.