Chao v Ruhetamacumu

Landlord wins · Etobicoke · 2025-04-15

Adjudicator

Mayra Sawicki

Dispute

Breach of Conditions, Non-payment of Rent

Amount

$5-10K

Landlord

M.C.

Tenant

I.R.

What happened

The Landlord applied for termination and eviction following the Tenant's breach of a previous consent order (LTB-L-075185-24). An ex parte order (LTB-L-003833-25) was issued on January 22, 2025. The Tenant subsequently filed a motion to set aside this order, claiming financial hardship due to job loss and depression. The Tenant requested an adjournment at the hearing to seek legal advice, which was denied as the Tenant had two months to prepare and provided no valid excuse for the delay. The Tenant admitted to the rent arrears, which had doubled since the initial consent order was issued.

The ruling

The Tenant's motion to set aside the eviction order (LTB-L-003833-25) is denied. The Board found a clear breach of the original consent order and noted that arrears had doubled to $8,418.00. The stay of the eviction order is lifted immediately, allowing the Landlord to proceed with enforcement. The Tenant's request to delay vacating until June 1, 2025, was refused as the Tenant could not demonstrate an ability to pay the ongoing rent.