[1]         In its application of February 8, 2022, the corporate landlord alleges that the tenants abandoned the dwelling without right and claims unpaid rent and lost rent income for a total of $7,016. Interest, indemnity (article 1619 C.c.Q.) and judicial costs are claimed as well.

[2]         When the parties were convened for proof and hearing, the tenants were not in attendance.

[3]         The uncontested evidence reveals that the parties were bound by a residential lease that the lease was meant to run from September 1, 2019 to June 30, 2022 for a monthly rent of $975.

[4]         The solidary liability of the tenants was duly stipulated.

[5]         On June 1, 2021, the tenants abandoned the dwelling without warning and without right.

[6]         The tenants quit the dwelling without having paid the rent for April (975), May (975) and June (975) of that year.

[7]         Hence, the landlord will be awarded arrears in the sum of $2,925 (975 x 3 = 2925).

[8]         Following the tenants’ premature departure, the landlord made a reasonable effort to mitigate its damages but was unable to rent the dwelling anew before December 1, 2021.

[9]         Consequently, the landlord would, in principle, be entitled to an additional sum of $4,175 in material damages (975 x 5 months = 4175). That quantum, in addition to the arrears of rent in the sum of $2,925, would yield a grand total of $7,100.

[10]     However, the application makes it abundantly clear that only $7,016 are claimed and in the absence of the tenants, the landlord could not amend its application verbally.

FOR THESE REASONS, THE TRIBUNAL:

[11]     CONDEMNS the tenants, solidarily, to pay to the landlord the sum of $7,016 with interest at the legal rate plus the indemnity pursuant to article 1619 C.c.Q. calculated from February 8, 2022 plus judicial costs in the amount of $126;

[12]     DISMISSES the other conclusions.