75 Eastdale Inc. v Symonette

Split/Other wins · East York · 2025-04-22

Adjudicator

Greg Witt

Dispute

Breach of Conditions, Non-payment of Rent

Amount

<$5K

Landlord

75 Eastdale Inc.

Tenant

D.S.

Landlord rep

Sara Ginman

What happened

The Landlord applied for an order to terminate the tenancy after the Tenant allegedly breached a previous LTB order from September 2024. An ex parte order was initially issued in February 2025 without a hearing. The Tenant subsequently filed a motion to set aside that order. During the motion hearing, the parties reached a consent agreement to set aside the eviction order and established new terms for the Tenant to maintain the tenancy by paying a small outstanding balance.

The ruling

The LTB granted the Tenant's motion to set aside a previous eviction order by consent. The tenancy is terminated effective April 30, 2025, unless the Tenant pays $286.00 (representing $100.00 in rent arrears and the $186.00 filing fee) by that date. If the Tenant fails to pay and the tenancy terminates, the Landlord is actually found to owe the Tenant $2,659.47 because the Tenant's last month's rent deposit and accrued interest significantly outweigh the current debt.