Main Street East Ltd. v Om

Split/Other wins · Hamilton · 2025-04-22

Adjudicator

Greg Witt

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Main Street East Ltd.

Tenant

T.O.

Landlord rep

Savan Chandaria, Wing Chu

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant after the Tenant allegedly failed to meet conditions of a previous LTB order. An ex parte order was initially issued without a hearing. The Tenant subsequently filed a motion to set aside that order. During the motion hearing, both parties reached a consent agreement to set aside the eviction and established a new repayment schedule for rent arrears.

The ruling

The LTB granted the Tenant's motion to set aside a previous eviction order based on a consent agreement between the Landlord and Tenant. The Tenant is ordered to pay $3,740.00 in arrears according to a specific two-part schedule and must pay all future rent on time. Failure to comply with these payments allows the Landlord to apply for an eviction order without further notice to the Tenant.