CARPENTIER v PERRON

Tenant wins · Sudbury · 2025-06-03

Adjudicator

Harry Cho

Dispute

Breach of Conditions, Non-payment of Rent

Amount

<$5K

Landlord

R.C.

Tenant

A.P., G.P.

What happened

The Landlord requested a review of a previous LTB order that set aside an ex-parte eviction order. The original eviction was sought because the Tenants failed to comply with a conditional order by missing $199.80 in rent increase payments. The LTB Member previously exercised discretion to set aside the eviction, finding that ending a tenancy is a remedy of last resort. The Landlord sought a review, alleging a serious error in that decision and raising additional issues regarding damages to the unit.

The ruling

The Landlord's request for a review of the motion order dated May 13, 2025, is denied. The Board confirmed that the previous decision to set aside the eviction was reasonable, despite a $199.80 breach in payment conditions, as eviction is considered a remedy of last resort. The previous order remains unchanged, allowing the Tenants to maintain their tenancy by catching up on payments.