Asset Maintenance Pros v Zhang
Tenant wins · Waterloo · 2025-09-02
- Adjudicator
- John Cashmore
- Dispute
- Non-payment of Rent, Tenant-initiated Termination
- Notice
- Tenant-initiated Termination (N9)
- Amount
- <$5K
- Landlord
- A.M.P.
- Tenant
- C.Z.
- Landlord rep
- Brittany Colley
- Tenant rep
- Jin Zhang
What happened
The Landlord applied for rent arrears after the Tenant vacated the unit earlier than the fixed-term lease allowed. The Tenant provided an N9 notice with an invalid termination date and moved out on April 30, 2025, while the lease was set to end in August 2025. The Landlord sought rent for the remainder of the term, but the Tenant argued that the Landlord failed to mitigate losses by not attempting to re-rent the unit.
The ruling
The Landlord is ordered to pay the Tenant $120.51. While the Tenant owed rent for April 2025 and the application fee, these costs were outweighed by the Tenant's rent deposit, accrued interest, and a $500.00 key deposit. The Landlord's claim for rent until the end of the fixed term was dismissed because the Landlord failed to demonstrate any effort to mitigate losses by re-renting the unit after receiving the Tenant's early termination notice.