Roa v Burnie
Tenant wins · Brockville · 2025-08-15
- Adjudicator
- Alexandre Traboulsi
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- J.R.
- Tenant
- N.B.
What happened
The Landlord applied for rent arrears after the Tenant vacated the unit. The Landlord claimed the Tenant should be liable for rent until the end of a fixed-term lease (May 31, 2025), arguing the N4 notice served was merely a 'reminder' and not an invitation to terminate. The Tenant argued they complied with the N4 notice by vacating on February 19, 2025, and should only be liable for rent up to that date. The Board found the tenancy ended when the Tenant moved out in accordance with the N4 notice.
The ruling
The Board ordered the Landlord to pay the Tenant $467.83. Although the Tenant owed $1,030.75 in rent arrears up to the move-out date plus the application fee, this was offset by the $1,650.00 rent deposit and $34.58 in interest held by the Landlord. The tenancy was declared terminated effective February 19, 2025.