Sandhu v Twerdochlib and Andrade

Split/Other wins · Brampton · 2022-02-28

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.S.

Tenant

A.T., W.A.

Tenant rep

Wendy Andrade

What happened

The Tenants filed a motion to set aside an eviction order that was issued on October 21, 2021 due to non-payment of rent. The Tenants paid the required amount under the Residential Tenancies Act to void the order, but the Landlord had already paid a Sheriff's fee to enforce the eviction. The Board ordered the Tenants to pay the Sheriff's fee of $329.40 to the Board by March 21, 2022 in order to void the eviction order.

The ruling

The eviction order issued on October 21, 2021 is void and cannot be enforced by the Landlord if the Tenants pay $329.40 to the Board by March 21, 2022. This amount represents the non-refundable Sheriff's fee paid by the Landlord to enforce the eviction order. If the Tenants pay this amount on time, the Board will issue a notice acknowledging that the eviction order is void, and the $329.40 will be paid out to the Landlord.