Falkowska v Neumeyer

Landlord wins · Churchill · 2024-01-25

Adjudicator

Suzy Franklyn

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

B.F., A.G., J.G.

Tenant

B.N.

Landlord rep

Mr. Guzina

Tenant rep

Mr. Pomfret

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears.

The ruling

The tenancy is terminated effective April 30, 2024. The Tenant must vacate the rental unit by this date. If the unit is not vacated, the Landlords may file the order with the Court Enforcement Office for enforcement starting May 1, 2024. The Tenant shall pay $77.26 per diem for occupation of the rental unit from May 1, 2024 until the termination date. The Landlords have agreed to delay the enforcement and/or collection of the outstanding arrears and filing fees of $23,036 until a decision is rendered for a separate application, LTB-L-077117-23, which is scheduled for June 17, 2024.