Hazlett v. Cantusci et al.

Landlord wins · 2022-02-02

Adjudicator

C.T. Hackland

Dispute

Non-payment of Rent, Personal Use

Notice

Personal use (N12)

Landlord

F.C., N.C.

Tenant

M.H.

Landlord rep

S. David Lyman

What happened

Landlords sought to evict Tenant for personal use of the rental unit by their son. Tenant appealed the LTB's eviction order to the Divisional Court. Landlords moved to quash the appeal due to Tenant's non-payment of rent for 18 months.

The ruling

The Divisional Court quashed the tenant's appeal of the LTB eviction order and lifted the stay of eviction effective February 28, 2022, unless the tenant pays all rental arrears and water charges by that date. If paid, the appeal may continue and the eviction order will remain stayed as long as future rent is paid on time.