Enderby Developments Limited v Caragiannis

Landlord wins · East York · 2025-07-02

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Enderby Developments Limited

Tenant

L.C.

Landlord rep

E. Steinman

What happened

The Landlord applied to terminate the tenancy because the Tenant breached a condition of a previous LTB order (LTB-L-098457-24) by failing to pay rent on time. An eviction order was issued without a hearing on May 7, 2025. The Tenant filed a motion to set aside this eviction order, citing personal vulnerabilities, financial hardship, and a 33-year history of living in the unit.

The ruling

The motion to set aside the eviction order is denied. The stay of the eviction order is lifted effective August 1, 2025. The Tenant must vacate the unit as the tenancy is terminated due to rent arrears and breach of a mediated settlement order. The adjudicator granted a brief extension for the stay due to the Tenant's long-term residency and vulnerabilities, but maintained the eviction due to financial unsustainability.