Cizmar v Holland
Split/Other wins · Shuniah · 2025-07-21
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- K.C.
- Tenant
- J.H., S.H.
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenants for non-payment of rent. However, the LTB determined that the Landlord filed the L1 application prematurely on the same day as the termination date specified in the N4 notice, which violates Section 74(1) of the Act. As a result, the Board lacked jurisdiction to terminate the tenancy or evict the Tenants, but proceeded to issue a monetary order for the substantial rent arrears accumulated.
The ruling
The application to terminate the tenancy and evict the Tenants is denied because it was filed prematurely. However, the Tenants are ordered to pay the Landlord $20,001.00, representing $19,800.00 in rent arrears and the $201.00 filing fee, on or before August 1, 2025. If payment is not made by the deadline, interest will accrue at a rate of 4.00% per annum.