Paiva v Storms

Landlord wins · Madoc · 2025-11-03

Adjudicator

Jane Dean

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.P., J.P.

Tenant

H.S.

Landlord rep

Kayla Boutilier

What happened

The Landlords applied for an order to terminate the tenancy after the Tenant breached a previous consent order issued on August 27, 2025. The Tenant failed to make required rent and arrears payments for September 2025. The Tenant filed a motion to set aside the resulting eviction order, citing financial hardship due to a temporary suspension of social assistance and ongoing disabilities.

The ruling

The Tenant's motion to set aside the eviction order is denied. The adjudicator found that the Tenant's breach of the previous consent order and her current financial inability to maintain the tenancy made it unfair to the Landlords to set aside the order. The stay of eviction is lifted effective November 17, 2025, providing the Tenant two weeks to find alternate accommodation.