Amiraco Properties Inc v Scheffner

Landlord wins · Windsor · 2025-07-02

Adjudicator

Benjamin Seigel

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Amiraco Properties Inc

Tenant

J.S.

Landlord rep

Milan Seres, Charlotte Williams

What happened

The Landlord applied for an order requiring the Tenant to pay rent arrears. The primary dispute was the termination date of the tenancy. The Tenant attempted to give notice via text message in November 2023 for a December 1 departure, but the Landlord insisted on a 60-day notice ending January 31, 2024. The Tenant vacated but failed to return keys. Following a hydro shut-off and a wellness check, the Board determined the tenancy officially terminated on February 22, 2024, pursuant to an N4 notice served by the Landlord.

The ruling

The Tenant is ordered to pay the Landlord $50.90 by July 13, 2025. This amount represents rent arrears and compensation up to February 22, 2024, plus the application filing fee, adjusted for the last month's rent deposit and accrued interest. The Board found the tenancy ended on February 22, 2024, rather than the March 31 date sought by the Landlord, due to the Landlord's failure to mitigate losses after the unit was found empty.