Donato v Sterrett - Landlord Wins Rent Arrears Case at LTB
Ottawa landlord wins $28002 in rent arrears case against tenant who vacated early
Summarized by RentZenLast updated: November 3, 2024
Case Summary
582 Brierwood Ave, Ottawa, ON K2A2H8
Decision in favor of
landlord
Balance Owed to Landlord
$28,002
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Feb 2024
Order Date
May 9, 2024
Dispute Summary
Landlord applied for an order to collect rent arrears from Tenants due to non-payment of rent. The Tenants claimed they were not responsible for rent after August 31, 2023 as one Tenant had notified the Landlord of her intent to move out by that date.
Determinations
- Landlord filed L9 application for rent arrears of $32,250 from July 1, 2023 to February 29, 2024
- Tenant Ortiz vacated unit on August 1, 2022, over 1 year before application filed, so Board has no jurisdiction over claims against Ortiz
- Tenant Sterrett vacated on June 29, 2023, within 1 year of application, so Board has jurisdiction over claims against Sterrett
- Tenants did not lawfully terminate tenancy, which was a fixed term ending March 31, 2025
- Landlord made reasonable efforts to re-rent unit and mitigate losses after sublet fell through
- Tenant Sterrett liable for rent arrears up to hearing date
Arguments and Actions
Landlord
Actions
Landlord offered to pay half of cleaning costs to help Tenant find new sublet, but Tenant declined. Landlord contracted cleaning and listed unit for rent at same rate after sublet fell through.
Tenant
Arguments
Tenant Sterrett claimed not responsible for rent after August 31, 2023 as she notified Landlord of intent to move out by that date.
Actions
Tenant Sterrett vacated unit on June 29, 2023 after sublet fell through due to urine smell. Tenant Sterrett felt no point in finding new sublet after Landlord filed application.
Decision Summary
Tenant Sterrett ordered to pay $28,001.70 in rent arrears to Landlord. Landlord's application against Tenant Ortiz dismissed as it was filed over 1 year after Ortiz vacated. Landlord made reasonable efforts to mitigate losses after sublet fell through.
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$4,300
Rent Arrears
$32,250
Application Fee
$186
Rent Deposit
$4,300
Deposit Interest
$134
Total Owing
$28,002 (Owed to Landlord)
Source
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