Red Tree Developments v Beland

Tenant wins · Napanee · 2022-01-06

Adjudicator

Diane Wade

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Red Tree Developments

Tenant

C.B.

Landlord rep

Lorrie McCullough

What happened

Tenant filed a motion to set aside an eviction order because they paid the required amount to void the order after it became enforceable but before it was executed. The Landlord sought to maintain the termination of the tenancy despite the payment.

The ruling

The Board granted the Tenant's motion to void the eviction order EAL-95073-21, conditional on the Tenant paying $316.56 to the Board by January 21, 2021. This amount represents the non-refundable fee the Landlord paid to enforce the eviction order. If the Tenant pays this amount, the Board will issue a notice acknowledging that the eviction order is void.