Azam v Nawaz: Tenancy Termination for Breach of Conditions, Mississauga, ON
Azam v Nawaz: Tenancy Termination for Breach of Conditions, Mississauga, ON
Summarized by RentZenLast updated: July 22, 2024
Case Summary
5448 Meadowcrest Ave Avenue, Mississauga, ON L5M0V8
Decision in favor of
landlords
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Jan 17, 2022
Tenancy End Date
Jan 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to meet a condition specified in a previous order issued by the Board on September 24, 2021. The Tenant did not pay the lawful rent for December in full on or before December 1, 2021, as required by the previous order.
Determinations
- Previous order allowed Landlords to apply under section 78 without notice
- Tenant did not meet conditions specified in previous order
- Tenant failed to pay December rent in full by December 1, 2021
Case Study
The Tenant failed to comply with the conditions set in the previous order, specifically not paying the full December rent on time. This breach of conditions led to the termination of the tenancy. To avoid eviction, the Tenant should have paid the rent as specified or filed a motion to set aside the order by January 27, 2022.
Arguments and Actions
Landlord
Arguments
Landlords relied on section 78 of the Residential Tenancies Act, 2006 to apply without notice for termination and eviction.
Actions
Landlords applied for termination and eviction based on Tenant's failure to meet conditions specified in a previous order.
Tenant
Actions
Tenant failed to pay the lawful rent for December in full on or before December 1, 2021, as required by the previous order.
Decision Summary
The tenancy is terminated effective January 28, 2022. 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 (Sheriff) for eviction enforcement starting January 29, 2022. The Tenant has until January 27, 2022, to file a motion with the Board to set aside the order under s. 78(9) of the Act.
Adjudicator Details
LTB Member
Total Orders
547
Landlord Favorable
83.0%
Tenant Favorable
2.0%
Mutual Agreement
15.0%
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Financial Details
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