Landlord Wins Eviction Case Against Tenant Who Breached Consent Order: Liu v Ssebadduka 2023
Landlord wins eviction case against Etobicoke tenant who breached consent order to pay rent on time
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 2212 Lake Shore Blvd W, Etobicoke, ON M8V0C2
Decision in favor of
landlord
Balance Owed to Landlord
$500
Dispute Categories
Notices Sent
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Timeline
Application Date
Aug 2023
Hearing Date
Oct 2023
Order Date
Nov 9, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment. The application was filed after the parties entered into a consent order requiring the Tenant to pay outstanding arrears and pay rent on time for one year. The Tenant breached the consent order by failing to make the required payments.
Determinations
- Tenant breached consent order by failing to pay rent on time
- Tenant's explanation for breach not credible
- Tenant has pattern of late rent payments
- Eviction is a remedy of last resort, but must be used when tenant continually fails to pay rent on time
- Board not satisfied Tenant would comply with another conditional order
Case Study
The Tenant's explanation for breaching the consent order was not found to be credible. The Tenant has a pattern of not paying rent on time, which the Board found to be a blatant disregard for his obligations as a tenant. The Board determined that eviction is a remedy of last resort, but it must be exercised when a tenant continually does not pay rent on time. Given the Tenant's track record, the Board was not satisfied the Tenant would comply with another conditional order.
Arguments and Actions
Tenant
Arguments
Tenant argued that setting aside the previous order would be disproportionately punitive given the small amount of arrears outstanding.
Actions
Tenant claims someone fraudulently removed $11,000 from his bank account, which is why he failed to make the required payments. The Board found this explanation not credible.
Decision Summary
The motion to set aside the previous order terminating the tenancy and evicting the Tenant is denied. The stay of the previous order is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Rent Arrears
$500
Total Owing
$500 (Owed to Landlord)
Source
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