Cuenca v Full Cycle Material Solutions
Tenant wins · Aurora · 2021-11-18
- Adjudicator
- Arnab Quadry
- Dispute
- Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- S.C., G.C.
- Tenant
- D.C., K.C., Full Cycle Material Solutions Inc.
- Landlord rep
- N. Korenberg
- Tenant rep
- S. Brown
What happened
Landlords applied to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference. The Tenants argued that the N4 Notice was voided and the application was discontinued prior to the hearing.
The ruling
The Landlords' combined L1/L2 application is dismissed. The N4 Notice was found to be void as the Landlords filed the application more than 30 days after the termination date specified in the notice, as required by the Residential Tenancies Act.