7869908 CANADA INC v Mantej

Landlord wins · Port Colborne · 2025-03-19

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions

Notice

Non-payment of rent (N5)

Amount

<$5K

Landlord

7869908 CANADA INC

Tenant

R.M., C.M., B.P.

Landlord rep

David Shainhouse

What happened

Landlord applied for an order requiring the Former Tenant to pay rent and daily compensation owed. The Former Tenant vacated the rental unit on February 28, 2023, before the end of the fixed term lease. The Former Tenant claimed they were entitled to terminate the lease early due to issues with other tenants, a previous N5 notice, and the Landlord's failure to accommodate the mobility issues of one of the tenants.

The ruling

The Landlord proved some of the allegations in the application. The Former Tenant is ordered to pay $1,845.63 to the Landlord, which includes rent arrears up to the adjusted termination date of March 31, 2023, and the application filing fee, minus the rent deposit and interest. The Landlord failed to adequately mitigate losses by not advertising the unit promptly.