Cityhousing Hamilton Corporation v Abdirahman

Tenant wins · Hamilton · 2024-02-28

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.H.C.

Tenant

S.A.

Landlord rep

V. Molatchenko

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to pay $375.50 in arrears on November 1, 2023, as per a previous order. The Tenant filed a motion to set aside the eviction order, claiming he was unable to make the payment due to his incarceration.

The ruling

The motion to set aside the previous eviction order is granted. The Tenant is given another opportunity to pay the arrears in installments, and the tenancy is reinstated. The Tenant must also pay the Landlord's costs for the previous eviction attempts.