Branco v Codeco
Tenant wins · Kitchener · 2025-04-10
- Adjudicator
- Jane Dean
- Dispute
- Non-payment of Rent, Tenant-initiated Termination
- Notice
- Non-payment of rent (N4), Tenant-initiated Termination (N9)
- Landlord
- J.B.
- Tenant
- L.C.
What happened
The Landlord filed an application to collect rent arrears. The Tenant argued that the tenancy had already terminated on November 30, 2024, as she had vacated and returned the keys, despite providing a notice (N9) with less than the required 60-day period. The Tenant also provided evidence of a last month's rent deposit paid at the beginning of the tenancy, which she argued should cover the rent for the final month. The Tenant withdrew a separate claim of harassment against the Landlord.
The ruling
The Landlord's application is dismissed. The Board ordered that the tenancy is terminated as of November 30, 2024, the date the Tenant vacated the rental unit. It was found that the last month's rent deposit covered the rent for the final month of the tenancy, leaving no arrears.