CAPPUCCI v WAY

Tenant wins · Delhi · 2025-07-14

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Persistent Late Payment

Landlord

A.C.

Tenant

K.W.

Landlord rep

Kurt Shmuir

Tenant rep

Joel Yinger

What happened

The Landlord obtained an ex-parte eviction order after the Tenant allegedly breached a previous prompt-payment order. The Tenant filed a motion to set aside the eviction order, arguing that the breaches were minor, accidental, and resulted from technical issues and personal hardship.

The ruling

The LTB granted the Tenant's motion to set aside the eviction order issued on May 21, 2025. The previous prompt-payment order was cancelled and replaced with a new 24-month prompt-payment condition starting August 1, 2025. The Tenant was warned that this is a final opportunity to maintain the tenancy through diligent payment habits.