Dunsmure Developments Ltd. v Thi Nguyen Nhi Do and Van Thanh Thi Le

Landlord wins · Hamilton · 2025-06-27

Adjudicator

Ken Audziss

Dispute

Non-payment of Rent, Tenant-initiated Termination

Amount

$5-10K

Landlord

Dunsmure Developments Ltd.

Tenant

T.N.N.D., V.T.T.L.

Landlord rep

Savan Chandaria, Wing See Chu

What happened

The Landlord applied for rent arrears after the Tenants broke their fixed-term lease. The Tenants gave notice in March 2025 to vacate by March 31, 2025, despite the lease ending on August 31, 2025. The Landlord successfully re-rented the unit starting June 1, 2025. The dispute was over the amount of rent owed by the Tenants for the period after they vacated and before the new tenancy began.

The ruling

The Tenants are ordered to pay the Landlord $5,435.72. This amount covers rent arrears up to May 31, 2025, and the application fee, minus the rent deposit and interest. The tenancy terminated effectively on May 31, 2025, as the Landlord mitigated losses by re-renting the unit from June 1, 2025. The Landlord's claim to recover the rent shortfall for the remainder of the original lease term was dismissed.