GH Capital Corporation v NIBIGIRA

Landlord wins · North York · 2025-10-01

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

GH Capital Corporation

Tenant

B.N., A.H., G.R.

Landlord rep

Julie Rahier

What happened

The Landlord applied for an order to terminate the tenancy because the Tenants failed to meet a payment condition specified in a previous LTB order from April 24, 2025. An ex-parte eviction order was issued on August 18, 2025. The Tenants filed a motion to set aside that order, claiming an agreement existed to skip payments during the summer due to Tenant 1's seasonal job as a bus driver. The Member reviewed the Tenant's financial situation and credibility regarding income and previous payments.

The ruling

The motion to set aside the eviction order is denied. The stay of the eviction order (LTB-L-065655-25) is lifted effective October 31, 2025. The Landlord is permitted to retain the last month's rent deposit to mitigate losses. The original eviction order remains unchanged.