Chouhan v George
Tenant wins · Brampton · 2025-11-04
- Adjudicator
- Alicia Johnson
- Dispute
- Breach of Conditions, Non-payment of Rent
- Landlord
- B.K.C., S.K.M.
- Tenant
- N.G.
- Landlord rep
- Vinod Chouhan
- Tenant rep
- Rodale Dwyer
What happened
The Landlords obtained an ex-parte eviction order (issued without a hearing) claiming the Tenant breached a prior mediated settlement/order. The Tenant filed a motion to set aside this eviction, arguing she had paid the rent as required. It was discovered that the Landlords unilaterally misallocated $505.64 of the Tenant's rent payment toward a water utility bill to create an artificial rent shortfall, which they then used as grounds for the ex-parte eviction application.
The ruling
The LTB granted the Tenant's motion and set aside the eviction order dated July 16, 2025. The Board found the Landlords' claim of a breach was based on an improper allocation of rent funds toward utilities. The original payment plan from June 2, 2025, remains in effect, and the Landlords' application for eviction is dismissed.