Dawes Properties Inc v Asress
Split/Other wins · East York · 2025-11-03
- Adjudicator
- Susan Priest
- Dispute
- Breach of Conditions, Non-payment of Rent
- Amount
- $10-20K
- Landlord
- Dawes Properties Inc.
- Tenant
- M.T.A., L.K.
- Landlord rep
- Marie Beaupre
- Tenant rep
- Renisha Cox
What happened
The Landlord initially obtained an ex-parte order for eviction based on a breach of a conditional rent repayment order. Tenant 2, who acted as a co-signer and did not reside in the unit, filed a motion to set aside the order. Tenant 2 argued that she was never notified of the rent arrears or the legal proceedings despite the Landlord having her contact information. She requested that the eviction order be set aside and replaced with an order for arrears only, as the unit had already been vacated by Tenant 1.
The ruling
The LTB granted the Tenant's motion to set aside the previous eviction order. The tenancy is terminated effective June 24, 2025, the date the Tenants vacated. The Tenants are ordered to pay the Landlord $14,528.94 in rent arrears and filing costs, after deducting the rent deposit and interest. No eviction order was maintained as the unit was already vacant and Tenant 2 was not properly notified of the initial arrears.