Frolov v Fisher

Landlord wins · Nepean · 2021-07-27

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

K.F.

Tenant

A.F., B.G., B.T., B.B.

Landlord rep

Diego Fernandez-Stoll

Tenant rep

Ryan Deacon

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants due to failure to pay rent.

The ruling

The Landlord's application was dismissed without prejudice as the Board found that the rent increase from $1,800 to $2,200 was invalid due to the Landlord's failure to provide the required 90-day notice. The Board also found that it did not have jurisdiction to order Mr. Theberge and Ms. Burgess to pay arrears of rent as they were not in possession of the rental unit when the application was filed.