Rooprai v Kostrzewa - LTB Ruling on Tenant's Motion to Set Aside Eviction Order
LTB allows tenant to stay despite breach of previous order, citing tenant's progress in reducing arrears and need for child's school stability
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1425 Bridge Rd, Oakville, ON L6L2C9
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Dec 2023
Order Date
Mar 28, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to their failure to meet a condition specified in a previous order issued by the Board. The Tenants brought a motion to set aside the eviction order.
Determinations
- Tenant breached a condition of previous order by making a late rent payment
- Tenant has reduced rent arrears to $7,681 as of hearing date
- Tenant has a 6-year-old son who attends school in the area
- Tenant is able to comply with payment plan going forward
- Some rent payments were made 1-3 days late, with one exception
- Landlord experienced hardship due to late payments, impacting his credit and finances
- Parties must conduct themselves with mutual civility and respect going forward
Arguments and Actions
Landlord
Actions
Landlord says late rent payments have caused him hardship, impacting his credit and finances. Landlord also says utility bills were transferred to property tax due to non-payment.
Tenant
Actions
Tenant has a 6-year-old son who attends school in the area and wishes to provide stability. Tenant says he will be able to fully comply with the payment plan going forward.
Decision Summary
The Tenant's motion to set aside the eviction order is granted. The previous order LTB-L-056614-22-AM issued on January 30, 2024 is confirmed and remains unchanged. The Tenant has been making payments, albeit some late, and has reduced the rent arrears to $7,681. Considering the circumstances, it would not be unfair to set aside the eviction order.
Reason for Eviction Relief
Tenant has made substantial progress in reducing arrears and has a child in the local school
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Rent Arrears
$7,681
Other Owed Amount
$2,151
Utility bills transferred to property tax
Total Owing
$9,832 (Owed to Landlord)
Source
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