Evictly

Muhammad v Barker

Landlord wins · Fergus · 2025-11-03

Adjudicator
Susan Priest
Dispute
Breach of Conditions, Non-payment of Rent
Amount
$10-20K
Landlord
S.Y.M.
Tenant
S.B.
Landlord rep
George Berger
Tenant rep
Saunia Watkis

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant after the Tenant failed to meet a payment condition specified in a previous LTB order (LTB-L-034256-25). An eviction order was subsequently issued without a hearing (LTB-L-065021-25). The Tenant filed a motion to set aside this eviction order, admitting to the breach but citing unforeseen banking issues and delays in receiving financial support from family in Guyana.

The ruling

The Tenant's motion to set aside the eviction order is denied. The stay of the previous eviction order (LTB-L-065021-25) is lifted immediately. The Tenant's request for a 60-day extension to find new housing was rejected due to the significant arrears of $14,386.00 and the history of non-payment. The Landlord is entitled to proceed with eviction.