Samaan v Molto

Landlord wins · Guelph · 2025-05-21

Adjudicator

Greg Witt

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Breach of LTB Order (L4)

Landlord

G.S.

Tenant

T.M., T.G.

What happened

The Landlord applied to terminate the tenancy after the Tenants failed to meet a payment condition from a previous LTB order. An ex parte order was issued to evict the Tenants. The Tenants then filed a motion to set aside that eviction order. This hearing was held to rule on the Tenants' motion.

The ruling

The Tenants' motion to set aside a previous eviction order is denied, and the order remains in effect. The stay on the eviction is lifted effective July 15, 2025, after which the Landlord can proceed with eviction. The decision was based on the Tenants' acknowledged breach of a prior payment agreement and subsequent continued non-payment of rent, which led the Board to conclude the tenancy was not viable.