Tenant Wins Motion to Set Aside Eviction Order: Li v Rejdak 2024
Tenant avoids eviction in Toronto rooming house dispute after missing $22 rent payment
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 283 1/2 George St, Toronto, ON M5A2N2
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Mar 2024
Order Date
Mar 13, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent as per a previous order. The Tenant filed a motion to set aside the eviction order.
Determinations
- Tenant failed to pay $309 towards arrears by Dec 1, 2023 as per previous order
- Tenant says he missed payment due to ODSP paperwork delay, paid before end of Dec
- Aside from $22 for Jan rent, no outstanding arrears
- Tenant pays rent on time and sometimes pays more than required
- Tenant has long-term tenancy and is a vulnerable person with disabilities
- Landlord's inconvenience in tracking small overpayments is not grounds for eviction
- Tenant's breach was isolated incident beyond his control, does not warrant eviction
Arguments and Actions
Landlord
Arguments
Landlord says Tenant is difficult, causes conflicts in the rooming house, and the Board should honor the previous agreement.
Tenant
Actions
Tenant missed December 1, 2023 payment due to ODSP paperwork delay, but paid before end of December.
Decision Summary
The motion to set aside the previous eviction order is granted. The Tenant's breach was an isolated incident due to a delay beyond his control, and he has since paid rent on time. Terminating the tenancy is not warranted in these circumstances. The Tenant must pay the $22 outstanding rent within 14 days or interest will accrue.
Reason for Eviction Relief
Tenant's breach was an isolated incident due to circumstances beyond his control, and he has since paid rent on time
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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Financial Details
Rent Arrears
$22
Total Owing
$22 (Owed to Landlord)
Source
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