12743931 Canada Inc v Montalbetti

Landlord wins · Kitchener · 2025-09-15

Adjudicator

Jane Dean

Dispute

Non-payment of Rent, Tenant-initiated Termination

Amount

$5-10K

Landlord

12743931 Canada Inc

Tenant

D.M., A.J.

Landlord rep

Adrian Mercer

What happened

The Landlord applied for rent arrears and eviction after the Tenants vacated the unit before the end of a fixed-term lease. The Tenants argued that they were entitled to terminate early because the Landlord charged an illegal pet deposit and that the Landlord had impliedly accepted their early termination via email. There was also a dispute regarding whether an internet fee formed part of the lawful monthly rent.

The ruling

The Tenants are ordered to pay the Landlord $7,791.36. This amount represents rent arrears and daily compensation from November 1, 2024, to March 9, 2025 (the day before the unit was re-rented), plus the application fee, minus the last month's rent deposit and accrued interest. The Tenants' claim that the tenancy ended by agreement in November 2024 was rejected.