HAMILTON EAST KIWANIS NP HOMES INC. v MOHAMUD

Tenant wins · Hamilton · 2025-05-01

Adjudicator

Alicia Johnson

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

HAMILTON EAST KIWANIS NP HOMES INC.

Tenant

H.M.

Landlord rep

Lindsay Hauser

What happened

The Landlord applied for an ex parte order to evict the Tenant for failing to meet a payment condition from a previous order (LTB-L-076066-24). An eviction order (LTB-L-010778-25) was issued without a hearing on February 13, 2025. The Tenant subsequently filed a motion to set this eviction order aside. Prior to the motion hearing, the Tenant paid all outstanding arrears and costs totaling $4,444.98.

The ruling

The Tenant's motion to set aside the eviction order LTB-L-010778-25 is granted. The order is set aside and rendered unenforceable. This is because the Tenant paid all outstanding rent arrears and associated fees, totaling $4,444.98, after the motion was filed. The tenancy is preserved.