Homestead Land Holdings Limited v Mancebo Munoz

Tenant wins · Toronto · 2022-10-25

Adjudicator

Greg Joy

Dispute

Non-payment of rent, Eviction

Amount

>$20K

Landlord

Homestead Land Holdings Limited

Tenant

E.D.C.M.M., K.M.

Landlord rep

Andrew Hyland

What happened

Tenants filed a motion to set aside an eviction order because they paid the required amount under subsection 74(11) of the Residential Tenancies Act, 2006 to void the order before it was enforced.

The ruling

The eviction order LTB-L-000774-21 is voided and cannot be enforced by the Landlord. The $35,000.00 paid by the Tenants to the LTB shall be paid out to the Landlord. The Tenants cannot make another motion under subsection 74(11) of the Act to set aside an eviction order during the period of their tenancy agreement with the Landlord.