Siadak v White and Smart

Tenant wins · Toronto · 2021-11-03

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

E.S.

Tenant

M.S., A.W.

What happened

Landlord applied for an order requiring Tenants to pay the rent they owed. The Tenants vacated the rental unit on January 1, 2021 without giving the proper 60-day notice, and the Landlord wanted to be paid for the missing month's rent.

The ruling

The Landlord's application was dismissed. The Tenants' last month's rent deposit was allowed to be used towards the rent for December 2020, as the Tenants had provided proper 60-day notice which was accepted by the Landlord.