Evictly

Novi Properties v Chawla

Landlord wins · Toronto · 2025-09-26

Adjudicator
Fabio Quattrociocchi
Dispute
Breach of Conditions, Non-payment of Rent
Amount
$5-10K
Landlord
Novi Properties
Tenant
D.C., K.S.
Landlord rep
Daniella Ferranti

What happened

The Landlord obtained an ex-parte order for eviction after the Tenants breached a consent repayment plan established in July 2025. The Tenants had failed to make a $2,000.00 payment toward arrears and subsequently missed August and September rent payments. The Tenants filed a motion to set aside the eviction order, citing financial hardship. However, it was revealed that Tenant 1 prioritized paying a car loan over the rent arrears.

The ruling

The Tenants' motion to set aside the eviction order is denied. The Board confirmed that the Tenants breached the consent repayment plan and failed to prioritize their housing obligations, leading to increased arrears. To accommodate the Tenants' 13-year residency, the stay of the eviction order is lifted on October 31, 2025, providing them more time to relocate.