Better Living Homes Inc. v Hilderley

Tenant wins · Toronto · 2021-10-06

Adjudicator

Terri van Huisstede

Dispute

Tenant-initiated Termination

Notice

Tenant rights (T2)

Amount

<$5K

Landlord

Better Living Homes Inc.

Tenant

J.H.

Landlord rep

J. Rana, B. Rubin

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant gave a notice to terminate the tenancy. The Tenant filed a motion to set aside the order. The Tenant claimed they had verbally rescinded the notice to terminate during a meeting with the Landlord, but the Landlord denied this. The Tenant had continued to pay rent after the termination date.

The ruling

The Tenant's motion to set aside the eviction order was granted. The Tenant was ordered to pay the Landlord $321 for the Sheriff's fee by November 30, 2021, with interest accruing at 2% annually if not paid by the due date.