Essex Non-Profit Homes Incorporated v Wagner and Johnson

Split/Other wins · Essex · 2021-01-08

Adjudicator

Laura Hartslief

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Essex Non-Profit Homes Incorporated

Tenant

J.W., M.J.

Landlord rep

Richard Lammers

What happened

The Tenants filed a motion to set aside an eviction order because they had paid the amount required under subsection 74(11) of the Residential Tenancies Act, 2006 to void the order before it was enforced.

The ruling

The eviction order SWL-38506-19 is void and cannot be enforced by the Landlord if the Tenants pay $371.00 to the Board on or before January 29, 2021. This amount represents the non-refundable amount the Landlord paid to enforce the eviction order.