Cserpes v Morrison

Tenant wins · Niagara Falls · 2021-10-26

Adjudicator

Greg Joy

Dispute

Breach of Conditions

Notice

Termination for Interfering with Others or Illegal Act (N5)

Landlord

A.C.

Tenant

J.M., P.P.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to breach of conditions. The application was filed after serving multiple N5 notices, but the Residential Tenancies Act does not allow for an additional second N5 notice to be served.

The ruling

The Landlord's application is dismissed as the Board does not have jurisdiction to hear it, as it was not filed within 30 days of the termination date on the second valid N5 notice.