Evictly

Gautam v Mbuyi

Landlord wins · Mississauga · 2025-09-10

Adjudicator
Rachel Gibbons
Dispute
Breach of Conditions, Non-payment of Rent
Landlord
S.G.
Tenant
A.L.M., N.M.
Landlord rep
Christopher Holder

What happened

The Landlord applied for an order to terminate the tenancy after the Tenants breached the conditions of a previous LTB order (LTB-L-060651-23). An ex parte order (LTB-L-053256-25) was issued without a hearing on July 7, 2025. The Tenants filed a motion to set aside that order, citing financial hardship due to unemployment and a son's medical issues. The Landlord also claimed financial hardship, citing disability leave and an unemployed spouse. The Member found that the Tenants had breached the payment plan and were unlikely to maintain future payments, thus denying the motion to set aside the eviction but extending the stay for compassionate reasons.

The ruling

The Tenants' motion to set aside the eviction order issued on July 7, 2025, is denied. The stay of that order is lifted effective October 30, 2025. The Landlord is confirmed to hold a last month's rent deposit of $1,850.00 to be applied to the final month of the tenancy.