Main Street East Ltd. v Pitre

Landlord wins · Hamilton · 2025-10-10

Adjudicator

Fotoula Hatzantonis

Dispute

Non-payment of Rent

Amount

<$5K

Landlord

Main Street East Ltd.

Tenant

J.P.

Landlord rep

Wing Chu, Savan Chandaria

What happened

The Landlord applied for an order for rent arrears after the Tenant failed to vacate on his originally noticed termination date. The Tenant had given 60 days' notice to leave by March 31, 2025, but due to personal circumstances, he could not move out until April 30, 2025. The Tenant offered to pay for the month of April. However, the Landlord did not agree to the extension and informed the Tenant that a new 60-day notice was legally required, which would make him liable for rent until May 31, 2025. The Board determined that because the extension was not mutually agreed upon and did not meet the statutory notice period, the Tenant remained liable for rent until the end of May.

The ruling

The Tenant is ordered to pay the Landlord $2,208.13 by October 21, 2025. This amount represents rent arrears for the period ending May 31, 2025, plus the application filing fee, less the rent deposit and accrued interest. Although the Tenant vacated on April 30, he was legally responsible for rent through May 31 because his revised move-out notice did not comply with the 60-day statutory requirement and was not accepted by the Landlord.