[1]      In its application of November 20, 2020, the corporate landlord alleges that the tenant abandoned the dwelling without right on November 2^nd, 2020 and owes arrears of rent in the amount of $1,395 plus damages under various headings that the landlord had been unable to fully quantify when the application was filed.

[2]      It asks to be awarded the foregoing arrears and damages with interest, indemnity and costs.

[3]      What does the uncontested evidence reveal?

[4]      The parties were bound by a residential lease that began on March 1^st, 2020 and was meant to run until February 28, 2021.

[5]      The tenant undertook to pay rent in the amount of $1,395 per month.

[6]      On November 2^nd, 2020, the tenant abandoned the dwelling without right.

[7]      However, before his premature departure, he did not deign to pay November’s rent. Consequently, the landlord will be awarded $1,395 under this heading.

[8]      The landlord’s representative went on to say that following the abandonment, the landlord was unable to find a new tenant by the time that the lease expired on February 28, 2021.

[9]      The tribunal believes that the landlord tried to mitigate its damages and will also take judicial notice that in Montreal, residential landlords are hard pressed to fill vacant apartments when winter has the city in its icy grip.

[10]   Hence, the landlord will be awarded damages for lost rent income in the sum of $4,185 : ($1 395 x 3 = $4,185).

[11]   The landlord also made proof of the energy costs ($80) that it had to acquit following the tenant’s default and will also be awarded its skip tracer’s fee in the amount of $86.25.

FOR THESE REASONS, THE TRIBUNAL:

[12]   CONFIRMS the cancellation of the lease;

[13]   CONDEMNS the tenant to pay to the landlord the sum of $5,746.25 with interest at the legal rate plus the indemnity pursuant to article 1619 C.c.Q. calculated from February 28, 2021, plus judicial costs in the amount of $89.