Court of Queen ’ s Bench of Alberta Citation: Lautner v. Searle, 2011 ABQB 263 Date: 20110414 Docket: 1103 04166 Registry: Edmonton Between: Bernhard Lautner, Ursula Lautner, Manfred Lautner Applicants - and - Gerald Frank Searle Also Known As Frank Searle Respondent _______________________________________________________ Memorandum of Decision of W. Breitkreuz, Master in Chambers _______________________________________________________ [ 1 ] This is an application by the landlord for possession of premises occupied by the respondent-tenant since the year 2000. [ 2 ] It is admitted that the rent is not in arrears.

The problem is that the landlord sold the property and wants possession now. [ 3 ] On February 28, 2011 the landlord served the tenant with a three month notice to vacate as required under the Residential Tenancy Act when there is no other cause for earlier termination.

[ 4 ] It is apparent after that the landlord began to surmise that there may be a reason to get earlier possession so he inspected the premises and found them to be in a very uninhabitable state, according to his opinion. He therefore served the tenant with a 14 day notice. [ 5 ] Upon being served with the 14 day notice, the tenant also took a number of pictures and his pictures indicate that the premises are quite habitable.

He says the premises are fairly rundown; the carpet is as old as he has been in the premises, and the landlord was quite content with matters as they were until the property was sold. [ 6 ] In addition, the tenant is elderly and is undergoing treatment for both cancer and diabetes.

He had surgery on one foot and his mobility is severely permanently restricted. [ 7 ] I have concluded that the alleged condition of the premises as presented by the applicant is a subterfuge to try to get around the statutory three month notice period in order to get earlier possession than the landlord is entitled to in these circumstances. [ 8 ] The application is dismissed. If the tenant has not vacated the premises by the end of May, the landlord may bring a new application by filing an application in these proceedings without incurring the $200.00 expense for filing a new originating application.

Heard on the 22 nd day of March, 2011. Dated at the City of Edmonton, Alberta this 14 th day of April, 2011. W. Breitkreuz M.C.C.Q.B.A. Appearances: self represented the Applicants Gerald Frank Searle self represented the Respondent