Tenant Wins Motion to Set Aside Eviction: 1260 Marlborough Court Holdings v Cox 2024
Tenant successfully sets aside eviction order after late rent payment, citing family needs
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1260 Marlborough Crt, Oakville, ON L6H3H5
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Aug 28, 2024
Dispute Summary
Landlord applied to terminate tenancy due to tenant not meeting conditions specified in a previous order. Tenant filed a motion to set aside the eviction order.
Determinations
- Tenant did not pay June 2024 rent on time
- Tenant claims cheque was delayed by daughter
- Tenant has history of late payments
- Tenant has a 12-year-old daughter
- Landlord did not demonstrate significant impact from late payments
Case Study
Motion to set aside eviction order based on circumstances of rent payment delay
Arguments and Actions
Landlord
Actions
Disputed tenant's claim about cheque, noted history of late payments
Tenant
Arguments
Has 12-year-old daughter, cannot afford alternative housing
Actions
Dropped off rent cheque late, claims daughter forgot to deliver original cheque
Procedural Errors
Late rent payment
Aggravating Factors
Late rent payments, lack of communication
Decision Summary
Motion to set aside eviction order is granted. Tenant given final opportunity to continue tenancy with commitment to timely payments.
Reason for Eviction Relief
Tenant has 12-year-old daughter, cannot afford alternative housing, no significant impact on landlord from late payments
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
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