Evictly

Hochstedler v Rodriguez

Tenant wins · SIOUX LOOKOUT · 2025-04-29

Adjudicator
Elena Jacob
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Landlord
W.H.
Tenant
M.R.

What happened

The Landlord filed an L1 application seeking to terminate the tenancy and collect rent arrears. However, the application was filed on September 3, 2024, after the Tenant had already vacated the property in November 2023. The Tenant had stopped paying rent in March 2024.

The ruling

The Landlord's application is dismissed. The Board found that it does not have jurisdiction to order the payment of rent arrears through an L1 application because the Tenant was no longer in possession of the unit when the application was filed. The Landlord was advised they could file an L10 application to pursue the arrears.