Skyline Living v Macleod - LTB Ruling on Rent Arrears
Landlord awarded $1441 in rent arrears after tenants vacated unit without proper notice
Summarized by RentZenLast updated: November 3, 2024
Case Summary
313-365 Lake Street, Sault Ste. Marie, ON P6B 3K8
Decision in favor of
landlord
Balance Owed to Landlord
$1,441
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Apr 2023
Tenancy End Date
Jun 2023
Hearing Date
May 2024
Order Date
Jul 9, 2024
Dispute Summary
Landlord applied for an order requiring the Tenants to pay the rent they owe. The Landlord also claimed charges related to NSF cheques.
Determinations
- Lease commenced on 2020-08-01
- Tenant Michelle McLeod sent email on 2023-03-31 about vacating unit by 2023-04-28
- Landlord responded on 2023-04-01 that N11 notice required by 2023-04-01 or vacate date would be 2023-06-30
- Tenants submitted N11 with 2023-05-31 vacate date on 2023-04-05
- Landlord did not accept N11 as it was not provided within 60 days
- Tenants vacated unit on 2023-05-31
- Landlord unable to re-rent unit until 2023-10-01
Arguments and Actions
Landlord
Arguments
Landlord argued the Tenants did not provide proper notice under the Act and are liable for rent until 2023-06-30.
Tenant
Arguments
Tenants argued the Landlord was aware of their intent to vacate and the last month's rent deposit should be applied to May.
Actions
Tenants vacated the unit on 2023-05-31 despite being told the notice was improper.
Decision Summary
The Landlord is entitled to rent arrears up to June 30, 2023, as the Tenants did not provide proper notice of termination. The Landlord mitigated its losses by advertising the unit and the delay in re-renting was reasonable. The Tenants must pay $1,440.52, which includes rent arrears, application fee, and interest on the rent deposit, minus the rent deposit.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Rent Arrears
$2,500
Application Fee
$186
Rent Deposit
$1,220
Deposit Interest
$25
Total Owing
$1,441 (Owed to Landlord)
Source
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