LTB Order Dismissal for Non-payment of Rent Case

Application dismissed as tenants were not in possession at the time of filing.
Evidence supports tenants' claim of earlier vacate date.

Landlord claimed tenants owed rent and did not vacate by notice date.
Tenants argued they vacated much earlier and left no possessions of value.

Tenants vacated on February 1, 2021, prior to the termination notice date.
Landlord's visit findings and hydro account details insufficient to prove continued tenant possession.

Landlord's application for eviction due to non-payment dismissed.
Tenants vacated the unit before the termination date of the notice.
No credible evidence of tenants' possession beyond claimed vacate date.