The Effort Trust Company v Wakero kelboro - LTB Sets Aside Eviction Order
LTB sets aside eviction order, allows long-term Hamilton tenants to stay by paying arrears in installments
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 175 Catharine St S, Hamilton, ON L8N2K2
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2022
Hearing Date
Jul 2023
Order Date
Sep 5, 2023
We estimate Application Date using rent arrears.
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to their failure to meet a condition specified in a previous order issued by the Board. The Tenants filed a motion to set aside the eviction order.
Determinations
- Tenant breached previous order
- Tenant hospitalized in April 2023
- Tenant has 3 school-age children
- Tenant fears homelessness if evicted
- Arrears decreased since previous order
- Tenant can pay $1,000 per month towards arrears
Case Study
The Board must first determine whether the Tenants breached the previous order, and if so, whether it would be unfair to set aside the eviction order. The Tenant admitted to breaching the previous order by not paying the required amounts. However, the Tenant provided explanations and evidence of their efforts to remedy the situation, and the Board found it would not be unfair to set aside the eviction order.
Arguments and Actions
Landlord
Actions
Landlord noted that several Form N4's have been given to the Tenant in the past and is doubtful the Tenant will abide by a new payment plan.
Tenant
Arguments
Tenant requests an additional opportunity to remedy the situation, as they have been residing at the rental unit for nearly 20 years and have 3 school-age children.
Actions
Tenant Elshadai Erberto was hospitalized in April 2023 and tried to reach out to the Landlord's property manager.
Decision Summary
The motion to set aside the eviction order is granted. The previous order is cancelled and replaced with a new order requiring the Tenant to pay the arrears of $7,443.77 in installments by April 2024. If the Tenant fails to make the payments, the Landlord can apply for a new eviction order.
Reason for Eviction Relief
Tenant's hospitalization, long tenancy, and having 3 school-age children
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$893
Rent Arrears
$7,444
Total Owing
$7,444 (Owed to Landlord)
Source
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