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Case Study

Eviction Order Set Aside Due to Landlord's Error in Rent Payment Claims

Case LTB-L-049708-23-SA Review and Outcome

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-08-30

Order Issued: 2023-09-14

Termination Date: Not specified

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-049708-23-SA
Address: 092, 425 RATHBURN RD E, MISSISSAUGA ON L4Z1H6
Form Used: L4
Served By: Not specified
Amount Awarded: Not specified
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 77(8), Section 78

👥 Parties involved

Landlord: Solmor Builders Ltd.
Landlord Rep: Francisco Gomez
Tenant: Humayun Majid
Tenant Rep: Jayant Unny
Adjudicator: Not specified
Keywords: eviction, non-payment, rent arrears, conditional order, set aside

⚖️ Decision summary

Order to evict tenant set aside.
No breach of payment terms by tenant.
Landlord acted unreasonably in filing the eviction application.

⚠️ Dispute summary

Dispute over whether tenant paid rent arrears on time as per the conditional order.
Landlord claimed payment was late, leading to an eviction order.
Tenant contested the claim, leading to a hearing.

📑 Findings & determinations

Tenant's payment was found to be on time.
Landlord's application for eviction was set aside.
Landlord's conduct deemed unreasonable, leading to unnecessary legal actions.

💡 Summary points

Tenant did not breach the conditions of the eviction order as previously claimed by the landlord.
Landlord acknowledged error in including a claim for June 1, 2023, rent payment.
Tenant's payment was on time; landlord confirmed receipt the next day.
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🧑‍⚖️ Same adjudicator

Not specified

📂 Related by application type

Eviction for non-payment of rent