Last updated: December 14, 2024
Ordered by Benjamin Seigel,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-$258
to Tenant
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Citation: Amiraco Properties Inc v Spells, 2024 ONLTB 46204
File Number: LTB-L-003498-24
Tenancy End Date
Dec 2023
Application Date
Mar 2024
Hearing Date
May 2024
Order Date
Jun 27, 2024
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.
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.
Landlord argued Tenant was required to give 60 days notice to vacate and that the N9 signed by Tenant specified a May 31, 2024 termination date.
Landlord refused to accept Tenant's notice to vacate on April 30, 2024 and insisted Tenant was responsible for rent until May 31, 2024.
Tenant gave notice on March 3, 2024 that he would vacate the unit on April 30, 2024. Tenant took steps to find a replacement tenant for May 1, 2024 but was told by the Landlord he would be responsible for rent until May 31, 2024.
Tenant should have more carefully reviewed the N9 before signing it.
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Lawful Rent
$936
Rent Arrears
$680
Rent Deposit
$895
Deposit Interest
$44
Ordered Amount
-$258 (to Tenant)
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