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Case Study

Eviction Order Set Aside Due to Tenant's Payment Arrangements

Landlord and Tenant Board Decision on Rent Arrears and Eviction

🕑 Case timeline

Application Date: Date not provided

Hearing Date: October 17, 2023

Order Issued: October 25, 2023

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-060776-23-SA
Address: 411, 25 Fisherville Rd North York ON M2R3B7
Form Used: Order LTB-L-025169-23
Served By: Exparte
Amount Awarded: $7,237.83
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78(1), Section 78(11)(b)

👥 Parties involved

Landlord: IMH Pool XII LP
Landlord Rep: E. Steinman
Tenant: Sylvester Smith
Tenant Rep: Self Represented
Adjudicator: Lisa Del Vecchio
Keywords: eviction, non-payment, rent arrears, payment schedule

⚖️ Decision summary

Eviction order from August 23, 2023, is cancelled.
Tenant to pay $7,237.83 in arrears according to a new schedule.

⚠️ Dispute summary

Dispute over tenant's failure to meet payment deadlines.
Tenant's motion to set aside the eviction order due to new circumstances.

📑 Findings & determinations

Tenant breached payment order but provided sufficient reasons and new payment plan.
Board set aside eviction order based on tenant's changed circumstances and payment commitment.

💡 Summary points

Tenant failed to pay rent on time as per the previous order.
Landlord applied for eviction under section 78.
Eviction order set aside; tenant provided a new payment schedule.
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