Zhou v. Rama

Landlord wins · 2021-06-29

Adjudicator

Favreau J.

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

H.Z.

Tenant

R.R.

Landlord rep

Paul H. Starkman

What happened

The Landlord sought to quash the Tenant's appeal of an eviction order made by the Landlord and Tenant Board or alternatively lift the automatic stay on eviction. The Landlord argued that the appeal was devoid of merit and an abuse of process, as the Tenant had not paid rent for over a year.

The ruling

The court quashed the Tenant's appeal of the LTB eviction order, finding it devoid of merit and an abuse of process. The stay on eviction enforcement was lifted, with the Tenant given an opportunity to remain in the unit until August 1, 2021, if July rent was paid by July 1, 2021. Otherwise, eviction could proceed from July 2, 2021. The Tenant was also ordered to pay $5,000 in costs to the Landlord.