Landlord Wins Motion to Set Aside in Aslam v Zatreanu 2024: Aslam v Zatreanu 2024
Landlord awarded $300 in costs after Scarborough tenants unsuccessfully challenged termination order
Summarized by RentZenLast updated: September 12, 2024
Case Summary
721 Brimley Rd, Scarborough, ON M1J1C3
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2024
Hearing Date
Aug 2024
Order Date
Aug 9, 2024
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants because the tenants entered into an agreement to terminate the tenancy. The tenants filed a motion to set aside the previous order issued on June 4, 2024 without a hearing.
Determinations
- Landlord and tenant entered into agreement to terminate tenancy as of June 30, 2024
- Tenants vacated rental unit on July 30, 2024
- Landlord incurred costs to prepare for and attend hearing due to tenants' motion to set aside
Case Study
The landlord and tenant entered into an agreement to terminate the tenancy as of June 30, 2024. The tenants vacated the rental unit on July 30, 2024. The landlord is entitled to the costs incurred to prepare for and attend the hearing, as the tenants filed the set aside motion for the purpose of delaying their departure from the property.
Arguments and Actions
Tenant
Aggravating Factors
Tenants filed a set aside motion for the purpose of delaying their departure from the property
Decision Summary
The motion to set aside the previous order is denied. The stay of the previous order is lifted, and the previous order remains unchanged. The tenants are ordered to pay the landlord $300 in costs.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Other Owed Amount
$300
Costs for the hearing
Total Owing
$300 (Owed to Landlord)
Source
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