Landlord Withdraws Eviction Application: Gerber v Nieto 2022
Landlord withdraws eviction application against Chatham-Kent tenants
Summarized by RentZenLast updated: July 22, 2024
Case Summary
123 Gay Crescent, Kitchener, ON N2A2C2
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jan 2022
Order Date
Feb 17, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord has also applied for an order requiring the Tenants to compensate the Landlord for the damage.
Determinations
- Landlord did not understand the Board's Rules
- Landlord's request to withdraw does not constitute an abuse of process
- Only live issue was damages pursuant to section 89 of the Residential Tenancies Act, 2006
- Tenants had vacated the unit
Case Study
The Landlord did not understand the Board's Rules and failed to serve the evidence on the Tenants. The withdrawal of the application is allowed on a without prejudice basis.
Arguments and Actions
Landlord
Arguments
It would be prejudicial to the Landlord to deny her ability to file against the Tenants for the damage to the unit.
Procedural Errors
The Landlord failed to serve on the Tenants the evidence she intended to rely on at the hearing in accordance with the Board's Rules.
Tenant
Arguments
The matter should be withdrawn with prejudice because the Tenants' legal representative contacted the Landlord in advance of the hearing to receive evidence, but she declined. Further, the Tenants took off work and incurred costs to attend the hearing.
Decision Summary
The Landlord's application is withdrawn without prejudice.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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Financial Details
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