Pimentel v Kiss

Landlord wins · Ottawa · 2023-01-25

Adjudicator

Dana Wren

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

D.P.

Tenant

A.K., Y.C.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenants had vacated the rental unit on December 8, 2022, prior to the hearing date.

The ruling

The tenancy was terminated effective December 8, 2022, the date the Tenants vacated the rental unit. The Tenants are ordered to pay $11,809.44 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application. The Landlord's claim for rent beyond the termination date was denied due to failure to mitigate vacancy loss.