Bastasich v Matos
Landlord wins · Hamilton · 2025-10-23
- Adjudicator
- Julie Broderick
- Dispute
- Breach of Conditions, Non-payment of Rent
- Amount
- >$20K
- Landlord
- S.B., D.B., R.B.
- Tenant
- R.M.
- Landlord rep
- K. Hawks
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant for failing to meet conditions of a previous LTB order regarding rent arrears. The Tenant filed a motion to set aside the resulting eviction order, claiming a verbal side agreement existed where he would pay once he received an inheritance and could offset rent with maintenance work. The Landlord denied such an agreement existed beyond a small credit for plumbing work. The LTB found the Tenant breached the payment conditions and that the tenancy was no longer financially sustainable given arrears exceeding $22,000.
The ruling
The Tenant's motion to set aside the eviction order is denied. The stay of eviction is lifted effective October 31, 2025. The total arrears are reduced by $800.00 to account for maintenance work the Tenant performed, but the primary eviction order stands due to persistent non-payment and significant arrears accumulated over nine months.