CARPENTIER v PERRON

Tenant wins · Sudbury · 2025-05-13

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Notice of Rent Increase (N1)

Amount

<$5K

Landlord

R.C.

Tenant

A.P., G.P.

Landlord rep

Angie Gravelle

What happened

The Landlord obtained an ex-parte eviction order after the Tenants allegedly breached a payment plan from a previous order. The breach involved failing to pay a lawful rent increase that took effect in February 2025. The Tenants filed a motion to set aside the eviction, claiming they were never properly served with the rent increase notice. The Landlord provided video evidence of service. The Board found the Tenants' testimony regarding the notice not credible and the breach intentional, but ultimately set aside the eviction order as the amount owing was relatively small and the tenancy remained viable.

The ruling

The Tenants' motion to set aside the eviction order is granted. The ex-parte order issued on March 7, 2025, is set aside and cannot be enforced. However, the original payment plan from October 2024 is restored and amended to require the Tenants to pay the accumulated rent increase shortfall of $199.80 by May 16, 2025. The Board warned the Tenants that further relief is unlikely given the intentional nature of the breach.