park v Gao
Tenant wins · Hamilton · 2025-06-11
- Adjudicator
- Mayra Sawicki
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- D.P.
- Tenant
- S.G.
- Landlord rep
- W. Deans
- Tenant rep
- Y. Li
What happened
The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant had already moved out by the time of the final hearing after providing an email notice. The central dispute involved whether the Landlord's service of an N4 notice allowed the Tenant to terminate the fixed-term lease early without further liability for rent until the end of the term.
The ruling
The Landlord's application for rent arrears and eviction is dismissed. The tenancy terminated on January 31, 2025, when the Tenant vacated the unit. The $1,300.00 in arrears for January 2025 is satisfied by the Last Month's Rent deposit held by the Landlord. The Landlord's additional request for damages and rent until the end of the fixed term was denied.