Landlord Wins Eviction Case Against Tenants Who Failed to Pay Rent - Sireg Management Inc. v Wolfe 2023
Landlord wins eviction case against tenants who failed to pay rent as ordered by LTB
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1410 Kensington Parkway, Brockville, ON K6V6S5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Apr 2023
Order Date
Jul 12, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants due to their failure to pay rent as required by a previous LTB order. The tenants filed a motion to set aside the eviction order.
Determinations
- Tenants breached previous LTB order by failing to pay rent
- Tenancy is no longer viable due to non-payment history
- Prejudice to landlord outweighs prejudice to tenants
- Unfair to set aside eviction order
Case Study
The tenants breached the previous LTB order by failing to pay rent due on December 1, 2022. Although the tenants argued they could not pay rent due to expenses for their grandchild, the Board found that it would be unfair to set aside the eviction order given the magnitude of the rent arrears and the tenants' history of non-payment.
Arguments and Actions
Landlord
Arguments
Landlord argued that granting the motion would be prejudicial due to the magnitude of rent arrears.
Tenant
Arguments
Tenants argued they could not pay rent due to expenses for their grandchild.
Actions
Tenants failed to pay rent due on December 1, 2022 as required by previous LTB order.
Decision Summary
The motion to set aside the eviction order issued on March 9, 2023 is denied. The stay of the eviction order is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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